If, for instance, Judge Moore had said "only Christian lawyers will be allowed to argue in front of this court, and not all Christian lawyers, but only Southern Baptist lawyers will be allowed in" - well, you really don't have to get into motives for that. The obvious effect of such a thing is to promote a particular denomination over and above all others - while you could reasonably infer that this was his intent, it really doesn't matter if he intended it that way or not, since that's the practical effect.
So, if he lies about his intent then the monument would be OK ? Thats a nonsensical conclusion.