The 14th Amendment incorporated the Bill of Rights to the state's constitutions. In other words , the Bill of Rights since 1870 has been in force on the states, whether they chose to take them up or not, was another matter.

Robert's view is that if an offer of aid is made to a given set of people or groups, it cannot be eliminated from religious one's simply because they are religious. The state is also, usually, under no threat to extend such aid, it is a decision,which once taken, must include all, even religious organizations or people.