
Actually, in the Texas case, Breyer appears to have been the "swing vote"... O'Connor dissented on that one.
The full text of the decision can be read here: http://a257.g.akamaitech.net/7/257/2422/27jun20051200/www.supremecourtus.gov/opinions/04pdf/03-1500.pdf
It looks like my earlier assessment was pretty much correct .... the Texas monument was allowed to slide because it 1) pre-dates the "culture war"; 2) is one of 21 historical markers displayed in the same small area around the capital, most of which have nothing to do with religion; 3) was given as a gift to the state from the Fraternal Order of Eagles and was displayed as a tribute to their organization, as opposed to a tribute to Christianity as a whole.
vbhoutex, I am not sure there could be any one set of "rules" that could apply equally to each and every situation, unfortunately. Determining intent isn't an easy thing ... and I think the Court is setting themselves (and the lesser courts) up for a lot of work by going this route.... but overall it seems to me to be the only fair way to decide things...