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You can tell the difference because of the 3 figures, one is clearly non-religious (Solon) and another is mixed (Confucius is generally seen as as a philosopher). Only one is unreservedly religious (Moses, of course), and he was put there to represent a civilization, not a religion.

The various displays of sculpture in the SCOTUS building are meant to honor the various sources, development, and effects of law in history. You can read about them yourself here, here, and here.

The North and South wall friezes contain the largest number of actual personages (as opposed to allegorical figures). Only 3 of 18 are religously oriented. Confucius is referred to as a philosopher, not a religious figure. And I was wrong; while Moses and Muhammad are depicted, Jesus is not. Odd, for a Christian nation, don't you think? Perhaps no one saw room for the Great Commandment in American law....

So if Moore adds a reference to Confucius, that would make his display nonreligious ?

My questions. What proportion of non-religious stuff VS religious stuff makes it religious ? What determines religious stuff -if a philospher is a Christian or a Jew but not mentioned in the bible, does that count ?

Help me here, I cannot see how one objectively determines what is religuious and what is not. For example, in your description you contain lots of information about the freize that isn't contained in the display ? Apparently we need to find out the intent of the object. Do we interview the artist that created it, the people that commissioned it or the present occupants ? I'm confused.