I guess I'm not following. Are you saying that there's some difference in how the 14th amendment incorporates the establishment clause compared to the free exercise clause? I was pretty sure that earlier you were saying that the 1st amendment restrictions on states and federal lawmakers don't apply to other government employees, but now you seem to be saying something different.
I was saying that this line:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
...doesn't apply to other non-legislative government employees...primarily, because those other employees aren't even in a position to make laws. Which is why I gave the examples of how Joe Biden and Obama have both publicly demonstrated allegiance to a particular religion while acting in the capacity of their duties in the executive branch.
If people want to interpret that amendment into meaning "Anybody working for the government in any way, shape, or form can not express religious preferences while acting in their official capacity", then how is it wrong for a school to have a Jesus picture, but okay for Obama & Biden to reference their Christianity while giving official speeches?
The 14th amendment (this is the part of it I assume you're referring to):
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
...still wouldn't really apply in this situation because a school hanging up a picture doesn't equate to state legislation (or rule making).
If a person working for the government was
making a rule stating that you "
had to" pray in class, then one could invoke the "State Actor" laws that are in place:
A state actor is a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the United States Bill of Rights, including the First, Fifth and Fourteenth Amendments, which prohibit the federal and state governments from violating certain rights and freedoms
However, as noted a few previous times, hanging a picture, or simply providing one's opinions isn't a legislative action, and it isn't an action that's attempting to dictate the actions of others...therefore, isn't a violation.
IE: It's okay for the P & VP to espouse their Christian Views during a speech
It's okay to hang up a Jesus picture
etc....
...because those aren't actions that are making an attempt to force anyone to do anything they don't want to do.