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To insist that the judge never mention god would infringe upon _his_ freedom of religion. And again, it's separation of _church_ and state, not _religion_ and state.
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Uh, no. The judge was acting in his OFFICIAL capacity when he uttered those words. He was speaking for the law and for the state as long as he was speaking from the bench.
If he had said it to one of his clerks after court, or to his buds at the local watering hole, that would be a whole different kettle of fish.