If you are making a claim of constitionality you are obliged to observe the letter. You don't like it when others make these stretches, keeping it real tex. As I said a reprehensible repugnant action, nothing more.
I find it to be more than just "reprehensible". When Hitler took control, he did not pass a whole slough of new laws against the Jewish people. He selectively applied existing laws.
Much like Obama is doing with the government shut down. For instance, shutting down the National Mall, yet allowing the illegals to rally. Forcing the elderly out of their homes who reside on government lands, refusing to pay the families of fallen soldiers, yet leaving his golf courses open, etc.
Congress has not passed any laws outlawing the practice of Catholicism, yet the Priest on Military bases face arrest if they offer a sacrament to our Catholic military members and their families. This is clearly a violation of the 1st Amendment and of course, the Bill of Rights.
Let me ask you, if a Priest performs a Mass on a military base and is arrested as Obama has threatened .... what violation will they be charged with?
An existing selectively applied law I can assure you!
Do not be blinded by this obvious violation of the Constitution and the Bill of Rights based on some technicality. The penalties will exist with or without a new law passed by Congress prohibiting the free exercise there of ....