I think this is a great point brought up by justice Kagan. It ties back to one of my questions I left earlier. She seems to think that there may be a risk of favoritism and a violation of that establishment clause that Cortman keeps talking about but going the other way. And again Cortman doesn't do a good job answering that question, in fact in this example he sidesteps it all together and simply says the system is set up to not discriminate and be "religion blind" Although that sounds great, the problem is discriminatory people wont be "religion blind" which is something she seems to realize.