The constitution says "Congress shall make no law respecting an
> establishment of religion, or prohibiting the free exercise thereof."
>
> "Free exercise" refers to private conduct. The North Dakota Religious
> Freedom Act is proposing that *benefits, penalties, programs and
> facilities* fall within the realm of the private.
>
Well, now. If we're going to appeal to the text of the Constitution, and if the English language is to mean anything at all, two things are clear:
1. The State of North Dakota is not Congress; and 2. "[S]hall not" does not imply any "shall," which is, to my way of looking at it, the question addressed by the North Dakota measure.
-- "Hige sceal þe heardra, heorte þe cenre, mod sceal þe mare, þe ure mægen lytlað."