The judiciary, though, is a part of the state. The state that shall make no laws regarding religion. That includes de facto creation of law through judicial decision-making, ie what is often referred to nowadays as "judicial activism". The sort of judicial activisim Moore is engaging in is a tactic being used by the radical right to do an end run around the constitution's first amendment, and the legislative branches of government.

People need to be very clear about this. The ultimate goal of this group of dangerous lunatics, is to have their narrow, fundamentalist Southern Baptist sect operating de facto as a state religion. They are not willing to tolerate ANY other religions, and say so all the time. They are not willing to tolerate Buddhists, Muslims, Jews (even though they keep invoking the Judeo word), Catholics, or anyone else's religion, in THEIR legal interpretations. That too, is what makes them so dangerous.

These people are subverting religion, the law, and the secular democratic traditions the country was actually founded on.