The First Amendment

So, tonight I am thinking about the definition of the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances." There is this story that I ran across that you can read here, and its how the University of Michigan-Dearborn will be installing foot-washing tubs for Muslims to use for their daily prayers. So here is my problem in number form:

1) This first struck me as an attack on the 1st Amendment, being that it seems on the surface a government form of support for one type of religion over another.

But...

2) Then I read a bit more into it, and realized that the money for the project will come from student fees, and not tax payers wallets. This eliminates the state financially sponsoring part of the problem. Also, the school said that these tubs will also be open for non-muslims to use as well. So you cant say that these are explicitly for Muslims.

So it got me to thinking about should these be put in or not? A girl had gotten hurt earlier from trying to wash her feet in the sinks, so on the surface this seems like an ok thing, but to give preference to one religion over another, maybe its stepping over the bounds of what the 1st Amendment allows, or so I thought...

which gets me back to the original idea of what does the 1st Amendment mean? Technically, it mentions Congress, and does not refer to other areas of government. Although Jefferson and Madison later interpreted it to mean a much broader scope, it does not say it explicitly in the Amendment.

I guess this gets back into the whole issues of judicial review, and Congress's enumerated, establishment, and free exercise clauses. Where's John Marshall when we need him?!

What do you all think?

By the way...you guessed it, the ACLU is all about supporting these tubs going in. They see no issues here. Figures!