The Freedom From Religion Foundation said it was "shocked" and "flabbergasted" at the intervention by Attorney General Abbott and Gov. Perry, calling those actions "highly unprofessional." The foundation's lawyer, Randall Kallinen, accused the politicians of pandering to their Republican constituents for votes.
"It's 100% politics. In their party, that is a fact that it's in their platform to be more favorable to the religious right," Kallinen said.
He added that he thinks today's ruling was "purely a political decision," and that if the case was tried in federal court, there would be a very different outcome.
"I doubt the case will even go to trial," Kallinen told CNN. "The people being sued and the judge have to be re-elected, so I don't see how we can get very far."
Interpreting the First Amendment
Kallinen argued that the First Amendment's Establishment Clause prohibits the government from endorsing a particular religion.
"People have freedom of speech. So, individuals have freedom of speech, but also there is the right that the government shall establish no religion. So, the question becomes, 'Is what the cheerleaders are doing private speech, or is it school-sponsored speech?'" Kallinen said. "What the school district is saying is, 'You are in the uniforms that have the name on it. You are in the property of the school. It's a school football game, and you are putting these religious banners onto school property. Therefore, it is school-sponsored speech.' And when it is school-sponsored speech, then it is subject to the Establishment Clause of the First Amendment, and that is that the government should not promote, endorse, or advance a particular religion."
Mike Johnson, who is representing many of the cheerleaders' families as senior counsel for the Liberty Institute -- a nonprofit group which says it is "committed to defending and restoring religious liberty across America" -- disagrees that the banners are school-sponsored, and argues that this is a quintessential example of students' private free speech and expression.
"If you have student-led, student-initiated expression, it is to be regarded as private speech. And because it is private speech, it can't be censored or silenced by the government, short of some reasonable limitations on school kids such as obscenity or a material and substantial disruption to the school day. We don't have any of that here," Johnson said.
Interpretation of the First Amendment's Establishment Clause is something Brandt says can be "a bit confused and confusing."
"Most legal scholars and many judges will admit that the opinions that come out in the Establishment Clause area have been lacking in consistency," Brandt told CNN. "There doesn't seem to have any clear guidance as to individual circumstances."
Kountze locals say town is "united"
A Facebook page started after the school district's decision called "Support Kountze Kids Faith," now has over 48,000 members, far surpassing the reaches of the roughly 2,100 residents of Kountze.
Coti Matthews says the whole town of Kountze supports her daughter and the cheerleaders, and believes they should be able to exercise their freedoms without interference.
"It was student-initiated, student-oriented. The school doesn't pay for any supplies. The school doesn't buy their uniforms. The school does not pay one dollar for anything having to do with cheerleading," she said. "The parents buy the uniforms, the camp clothes, shoes, pom-poms. The school doesn't purchase the paper or the paint or anything to make those banners."
Her daughter Macy looks forward to making religious-themed banners for the rest of her high school career.
"I would like to do this every year," Macy said. "We get into it pretty big."