Yea in 1802. In a letter. I will say it again, it says nothing in the constitution about seperation of church and state.

"Thus building a WALL OF SEPERATION BETWEEN CHURCH AND STATE" Jefferson did not mean that there should be no religion in government. He was merely stating that the two should have no influence on each other. Our government could be made up of entirely fundamentalist muslims and that would be ok. As long as they did nothing to impede the religions of others, or force others to become muslims. Or make laws based on muslim only beliefs.
Even as an atheist I am sick and tired of this blatant fear of christianity and judaism that seems to be rampant in liberal thinking these days.
That being said.

The judge broke the law. Was it a good law? No.

But the bottom line is until the law is changed, he should fight within the system to change it. The commandments should never have had to be removed, but the law stated they had to be.