1. Laws, including state constitutional provisions, can be changed.
Of course they are. But it’s not going to happen.
To amend the NYS Constitution, the voters must vote on it. I’d venture that getting the voters to agree to spend millions on private school education (when their own kids go to public school or when they don’t have kids of their own) is going to be a tough sell. Add in the fact that the state is broke and then you’re really in for an uphill climb.
2. Blaine is unfair and potentially (Federally) unconstitutional. It discriminates against secular studies offered by a religious organization, whereas Blaine does not prohibit the same economic educational assistance to a private, non-parochial, school.
I haven’t researched the case law, but considering the fact that it’s been on the books in New York for many years (and in other states as well), I’d guess that someone must have challenged it by now and been shot down. However, if you feel strongly enough about it, bring the case…
3. The State does not belong in the educational business anymore than it belongs in the supermarket business. America is not a socialized (at least it shouldn’t be) country. And, frankly, government is a proven failure in the educational business, especially for high school and below.
That may be true, but it doesn’t impact the argument one way or the other. <s>Nonetheless, you can’t make the case that the state shouldn’t be in education while at the same time making the case that the state should pay for yeshivos.</s>
(Didn’t see your added paragraph. Will address it afterwards, but want to get this in in the edit window.)
The Wolf