City of Sumner v. First Baptist Church of Sumner

(dissenting) — This is a case which deals with the location of a parochial school and the safety of children attending that school. Because the school is operated by defendants, it has been characterized by defendants and transformed by the majority into a "freedom of religion" case under the First Amendment.

There is no issue on compulsory school attendance (Wisconsin v. Yoder, 406 U.S. 205, 32 L. Ed. 2d 15, 92 S. Ct. 1526 (1972)), or the right to send one's children to a church-operated school (Pierce v. Society of Sisters, 268 U.S. 510. 69 L. Ed. 1070, 45 S. Ct. 571. 39 A.L.R. 468 *17(1925)).…