But the constitution only says:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…
Nobody is making any law to establish any religion nor prohibit any. So I don’t think your arguement applies here.
Hmm so you didn’t. Perhaps it does tho, cuz check this out: https://caselaw.findlaw.com/court/us-supreme-court/374/203.html
Although I don’t know if judges care about precedent anymore.