that's an angle I hadn't considered - that it favors one brand of judeochristian belief over others and is thus unconstitutional. I like it. thanks.
I think the case for incorporation is quite strong, however. It becomes obvious if you read the congressional debates surrounding the ratification of the 14th Amendment, as I have done. The man who actually wrote the thing, Bingham, explicitly stated, on several occaisions, that the Amendment would apply the Bill of Rights to the states.