I view the state showing prejudice, based on faith, in the law as a breech between the separation of Church and State.

One of Bush's faith based initiatives in Texas is an example of a breech between the separation of church and state. Basically Bush allowed faith based residential teen/child facilities to avoid state licensing and regulations by allowing them to get a license with an "out of state licensing body". This body was made up by the owners of these facilities so they basically oversaw themselves. The Roloff Homes were one such facility in Texas, with a history of abuse, that welcomed this exemption as they vowed to never submit to state licensing. The exemption basically reversed a lot of hard work done to end the abuse in the Roloff Homes, such as court rulings that said get a licensed or shutdown.

In 2001 the Texas Department of Protective and Regulatory Services received(yet again) complaints of physical abuse at several of the Roloff Homes and pursued criminal charges. The Roloff Home administrators were found guilty and by the end of 01, after many more allegations of abuse at the Roloff Homes and other facilities, Texas undid the licensing exemption.

I call this a textbook example breech of the separation of church and state because the state allowed exemptions in the law based solely on "faith". No legal reason was given to justify these exemptions and children suffered for it. However it would also be a breech of the separation of church and state if the state negatively showed prejudice in the law based solely on faith. An example could be outlawing the Muslim Veil in schools while allowing everyone else to were masks or garments like a Nuns habit. Another example could be giving state money to Christian organizations but not other religious organizations.

I guess to me it's all about preference and prejudice....