Proving that a display of ashes endangers a fair trial would be the point here , or, at the very least, clearly inferring such, before a claim of compelling state interest can be established. Again, the judge absolutely abridged the attorney’s First Amendment right on the basis that practicing his Faith somehow in some yet to be determined manner MAY have adversely affected the trial. MAY does not trump ABSOLUTE.
Except in Rule 403, where the standard is "substantially outweighed." Not "absolutely" outweighed.