Wow. It is, however, a Most Excellent Test Case for challenging state involvement in the institution of marriage. I think such a prosecution wouldn't pass muster under
Employment Division v. Smith.
And they laughed at the Ninth Circuit for deciding the Pledge case as it did. I think we're soon going to see a trend in which all judges not named "Scalia" start to realize that social legislation enshrining religious principles needs to be justified based on something other than, um, religious principles.
