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A state court forcing someone to do something is not Congress, nor is it making a law. You are reacting to what you want it to say, not what is actually writte

• dragonwriter 12y ago
  > A state court forcing someone to do something is not Congress Which is why its not an independent First Amendment issue, but a Fourteenth Amendment issue, however, as it is well-settled law that the scope of the rights considered fundamental to the concept of ordered liberty and thereby incorporated against the States under the Due Process Clause of the Fourteenth Amendment includes the entirety of the protections of the Free Exercise and Establishment Clauses of the First Amendment, the usual legal analysis of religious freedom issues, whether state or federal, is under the First Amendment logic applied the same way whether the government involved is state or federal. > nor is it making a law. It is either (a) enforcing a law that Congress or a state legislature made (which law, if it violates First Amendment religious freedoms, violates the Due Process Clause of the Fourteenth Amendment when a State does it or the applicable clause of the First when the federal government does it) or (b) depriving someone of Constitutional liberty without a basis in law in the first place (which also violates the Due Process Clause of the 14th Amendment when a State does it, and the Due Process Clause of the 5th Amendment if it were a federal court.)