Okay, I'm going to jump in here.
To preface this post, I reference my sig line: I am most certainly a Christian.
Okay, now to the point: The monument shouldn't be there. Why? Not because Judge Moore placed it. Not because of what it is. Not because of where it is. But the combination. Because Judge Moore placed a religious monument on public grounds. Not his private office in the public building, but the public grounds of the building.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;
Here we have a bit of confusion on the operative terms.
Congress shall make no law: Under the 14th Amendment, this is extended to all three branches of government, and to State and local government in addition to Federal.
respecting an establishment of religion: It doesn't say "establishing religion" it says "respecting an establishment of religion."
or prohibiting the free exercise thereof: the third piece, I have no specific commentary on this part by itself.
The way this portion of the amendment is worded it can make two separate sentences: "Congress shall make no law respecting an establishment of religion" and "Congress shall make no law prohibiting the free exercise of religion."
Taken with the 14th amendment, the first says that the judge, while acting in the power of his office, cannot legally place that monument where he did. If this is the case, then yes, the federal government can, as directed under the 14th amendment, order the removal of the monument.
If he did it while acting as a private citizen, then he violated a separate set of laws regarding the use of public property. Just as if he erected a statue of a giant penis on the courthouse lawn. And if this is the case, then the federal government has no place in this case
The second part does not prevent the government from restricting religious practices with secular laws; it prevents the government from prohibiting religious practices. This means that, although
xyz religion says it's necessary to sacrifice a human female virgin, the government can still enforce it's laws prohibiting murder by interrupting such a religious practice.
Finally, there is nothing there about the separation of Church and State except in the ways already covered. Quite simply, the government cannot pass laws, whether by legislative action, court order, or executive order, regarding religion or prohibiting the free exercise of religion.
For example, the government (whether federal, state, or local) cannot prohibit prayer in school. They *can* prohibit a specific prayer being broadcast in school, but it is not illegal to provide a time for students to pray as they wish, or even to have organized prayer in school if, for example, there is a room for Christian prayer, and another room for Islamic prayer, and another for Buddhist meditation, and another for non-practicioners, in addition to there being a method for additional rooms to be set up for religious practices not mentioned above. They cannot restrict the prayer time to a specific religion or handful of religions, but they are allowed to hold prayer so long as it is not interfering with the purpose of the school system: to educate the public.
Similarly, there can be religious monuments in courthouses, so long as they are not interfering with the purpose of the courthouse and that there are methods in place for other religions to be represented in a similar manner.
Likewise, the military is allowed to employ and train chaplains for religious ceremonies. However, if they do so they have the obligation to ensure that they are not restricting religous practice by providing Jewish, Christian, Islamic, and Buddhist chaplains should the need arise. They also are not allowed to force anyone to attend these services or to make use of their offers.
This is different from the gov't prohibiting the firing of arms because one operating definition for the verb "to bear" is " To possess and use, as power; to exercise." In other words, "to keep and bear arms" includes the useage of those arms by firing them.
