I know it’s fashionable on this site to fantasize about what the constitution “really” means, but precedents are the facts on the ground, and no court is going to overturn the Lemon Test. Since the Dover trial the anti-science movement has gone berserk. They have abandoned all pretense of not being motivated by religion.
I have pages of links to forums run by Dembski and friends in which they openly discuss the religious motivations behind their movement. There is no one left to testify as an expert witness for ID.
Behe was the only expert witness and he humiliated the movement. He testified again in California, and the judge, remarked that his testimony helped the opposition.
Guys like Running wolf can wag their penises in public and claim that evolution isn’t science, but I would love to see someone say that under oath in a courtroom. Priceless.