WE are the government... WE take sides daily... It is when the officials e.g. judiciary take sides contrary to the people that there is a problem... It is called judicial activism... Not possible if the government IS the people...
In this case specifically the school board was voted out AND the school board may have changed the policy; however, it did not matter.
The ousting of the school board was in essence meaningless and moot act accomplished by an impotent electorate with only the semblance of determination BECAUSE a judiciary imposed its will upon the people AND if the people had voted to retain the school board it would be objectively obvious that the judiciary did its own thing in spite of the people...
This is just another Lawrence decision...