If they do not state an intention, we cannot read their minds and thus cannot infer the intent - and there would be no conflict with the establishment clause. My two cents...
Would you extend this gracious exception to others whose intents are never spoken, but whose desire is clearly evident?
An example: Homsexuality
Would you extend this gracious exception to others whose intents are never spoken, but whose desire is clearly evident? An example: Homsexuality
I believe that is the "don't ask, don't tell" policy in the military with regard to homosexuality. The catch is your phrase "clearly evident" which would fail on the "don't tell" test.