That is correct.... See Van Orden v. Perry

Posted on: January 24, 2024 at 17:18:05 CT

"...the Establishment Clause does not compel the government to purge from the public sphere all that in any way partakes of the religious....

...few individuals, whatever their system of beliefs, are likely to have understood the [Ten Commandments] monument as amounting, in any significantly detrimental way, to a government effort to favor a particular religious sect, primarily to promote religion over nonreligion, to “engage in” any “religious practic[e],” to “compel” any “religious practic[e],” or to “work deterrence” of any “religious belief"......

...For these reasons, I believe that the Texas display–serving a mixed but primarily nonreligious purpose, not primarily “advanc[ing]” or “inhibit[ing] religion,” and not creating an “excessive government entanglement with religion,”–might satisfy this Court’s more formal Establishment Clause tests....

...I recognize the danger of the slippery slope. Still, where the Establishment Clause is at issue, we must “distinguish between real threat and mere shadow.” Here, we have only the shadow..."