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You might notice that the things that have been found to be unconstitutional are mass groupings making people feel uncomfortable by their acts, or authority figures forcing people under their authority to do something that makes them uncomfortable (religion-wise).
A single player making this gesture on his own is not an any way making the athiest uncomfortable. Kind of a stupid comment, actually.
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"Many baseball fans look upon an umpire as a sort of necessary evil to the luxury of baseball, like the odor that follows an automobile." - Hall of Fame Pitcher Christy Mathewson
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