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Banning abortion used to be illegal too...
The whole point of this is to get to the Supreme Court and chip away at legal precedent. That's why they are framing "the Bible" (as if there was a singular book) as a "historical document" that serves as a foundation for the US legal system. It's a way of saying, "hey we're not teaching religion, we're teaching history". The Supreme Court has rejected that argument for decades, it was the basis for cases involving displaying the ten commandments in classrooms. But now we have a new ultra conservative supreme court that doesn't give a shit about precedent. So the bet is, SCOTUS will reverse precedent and buy this argument.
It looks like now that Roe is gone, the new Christian nationalist legal project is dismantling the seperation of church and state. So buckle up, even when dems are in power they are too chicken shit to do anything about this stuff.
Rs have the house. Laws need both chambers to agree. The Rs didn't even pass a border bill because Biden supported it. SCOTUS is made of what it is and would require the house(which, again, Rs) to bring a trial to the senate to impeach any justices. In these scenarios what legal power do Dems have to stop this shit besides adding it on to the other thousand things that the DOJ has to gear up and fight for, knowing it's only a delay to SCOTUS doing whatever the fuck the Rs feel like.