[MortMan]

You forget incorporation.

[NobleFree]

Incorporation was determined by the Supreme Court, which has also ruled - Justice Scalia writing for themajority - that “if prohibiting the exercise of religion ... is ... merely the incidental effect of a generally applicable and otherwise valid provision, the First Amendment has not been offended.” (Employment Div. v. Smith, 494 U.S. 872 (1990)).