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as I have noted elsewhere.
Until the 1950s education was mostly religious. It fell under state jurisdiction rather than federal, and so, by the 9th amendment states and local school boards had the right to do it as they saw fit. Religious public schools did not violate the establishment clause of the 1st Amendment because they were not Federal schools. This was not changed by a popular vote or a new amendment to the constitution. It was changed by lawsuits and by the Federal government increasing its power over states rights. Thus one, often unelected, judge gets to outvote the majority and over-turn some 160 years of precedent.
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