In addition, as a matter of principle, it is inconsistent with the American system of government to use the power of the state to promote a sectarian religious viewpoint; which as Jone's decision laid out, was what the Dover school board was attempting. And as Jones found the Board's actions violated the constitution of the State of Pennsylvania.
However, I am sympathetic to the views expressed here that power of the Federal courts has become extended beyond the original intent of the framers...not just on this issue by on a broad range of issues. How many Creationists while bitterly critical of Jones's and other Federal court decisions forbidding local governments from indulging in religious promotion happily cheer the DEA and the WOD?
The contest between whether religion should or should not be promoted in public schools cannot be fairly resolved within the current institutional system.
The 19th Century public school and compulsory attendance laws were motivated at least in part as an attack on earlier more-religious oriented education, most of it in non-public schools, and later as a way of as simulating the children of Catholic immigrants.
Rather than a focus on the separation of church and state; the real focus should be on the separation of school and state.
That way, parents who want their children to receive a religiously oriented education can do so; and if their religion includes a literal creation of all "kinds" 6,000 years ago, and no evolution or common descent; they can do so with using the subterfuge of "Intelligent Design." Parents who want their children to receive a sound scientifically based education can arrange for that; without having the texts and classes watered down under pressure from fundamentalists.
With parental (consumer) choice, we should expect that both the religiously-orientied and non-religious private schools would produce much better education and student achievement than the current near-monopoly, politicized government school systems.
Both, really. And a few other things, like separation of economics and state. But that's for another thread.