That is the problem. The courts have removed this issue from the democratic process. Same thing the courts did with abortion. We can write all we want but the courts will rely on their own twisted precedent to knock down any attempt to keep religious expression in the public square.
The ACLU welcomes lawsuits fighting this--the group is awarded legal fees. Millions all across the country.
Wish I had an answer. I don't.
Rights are not a subject for the democratic process.