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Nothing in the constitution suggests that religious schools should be punished for their faith. A strict reading of these state separation requirements would mean that the fire department could not respond to a fire at a religious school.
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Logic? You’re looking for LOGIC? /s
Least police/fire/etc., while still a *service*, are for use by the community as a whole.
The service of schools are used, albeit temporarily, by those w/ children. One cannot use otherwise.
A strict reading of the 5th and 13th should make ‘FREE\public’ schools null/void; they should be paid by those whom use them.
They have been used by all or available to all. “No kids” wouldn’t be an effective argument because the judge would simply ask if they had been available to the person with no kids, and then ask if they believed their taxation rate + their parents’ entirely the current value of the education they had received.
Actually, there are schools whose facilities are used by the community in them.
Some schools have their weight room open for public use after school hours.
And the athletic fields are used by town leagues and ordinary citizens whose tax dollars have funded the school.