There was no reason given for the refusal to intervene...perhaps the court felt that the point was mute since the children were now homeschooled. It would make an interesting case though to sue for at least a partial refund of the school taxes...citing as precedent the lower fed court judge’s statement that the children could be homeschooled.
Interesting argument.
Why couldn't citizens in general sue?
Obviously it is impossible for any school to be religiously neutral. By running government schools the government is establishing the religious worldview of one group of citizens, and, at the same time, attempting to destroy the religious beliefs of others.
Why should any citizen be under police threat to pay taxes for this religiously, culturally, and politically non-neutral abomination?