If state Legislatures like those of Illinois persist in trashing the Constitution I'm sure there will be a movement in Congress to give parents more control over the process.
Considering the caliber of US Supreme Court justices and some of their flaky rulings, maybe it's best if something like this is just left alone even if the outcome isn't what the plaintiffs wanted.
Couldn't agree with you more on the current Supreme Court, I do not trust them to decide a case of this matter either, it's far better to work with Congress.
People aren't happy about this:
http://www.illinoisleader.com/letters/lettersview.asp?c=17886