Wow, this topic obviously means a lot to some people. It's amazing how many replies there have been in the 14 hours since this thread started.
Well, many of my thoughts on this topic have been stated by others, so I'll just try to stick to the facts for now. Some of this has already been pointed out, but I thought I'd summarize a few things for those who don't want to wade through all these posts.
1. This is a Ninth Circuit Federal Appeals Court decision. That means that it is binding (i.e. law) only in the Ninth Circuit, which covers 9 states. (Weird how that number works out, eh?)
2. The losers in this case (i.e. the government and school officials) have to decide whether to drop the case, appeal to the full Ninth Circuit Appeals Court, or appeal directly to the Supreme Court.
3. The Supreme Court
does not have to hear this case. That's right, even if appealed, the Supreme Court Justices do not have to tackle this issue at all if they don't want to. There are numerous ways to justify this (I'd bet on the issue being unripe). So those of you depending on the Supreme Court to rule the way you want them to, may be totally out of luck. I think somebody's going to lose $20...
4.
Article 5 of the U.S. Constitution
The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.
5. There are 27 Amendments to the Constitution. Of those, the first 10 (a.k.a. The Bill of Rights) were adopted at the time of the original Constitution. That means that in the last 200+ years, only 17 Amendments have been added. There's a heck of a lot of resistance to adopting ANY new Amendments. Here again, those who may be expecting a Constitutional Amendment overriding this Court's decision within the next year shouldn't bank on it.
I'm not going to comment on the Ninth Circuit
opinion itself, since I haven't read it yet (Warning: 65K Adobe Acrobat file).
And it's 3:30 am so if I made a mistake or sound screwy, please forgive me.