no, because you took John out of context but the NEXT verses DO say thatYou must be born of spirit and water to enter the kingdom so we have:
Spirit++++++++++++++++++water>>>>>>>>>>>>>>>>kingdom
By one SPIRT are we BAPTIZED into one BODY, so we need the spirit and baptism to get into the body, so we have:
Spirit++++++++++++++++++baptized>>>>>>>>>>>>>>>>>>body
SO both verses say we need SPirit/Spirit and water/baptism to get into the kingdom/body. THey say exactly the same thing!! Since "spirit" is equal to "spirit" in both verses then "water" must be equal to 'baptized" else they do not harmonize or there is more than one way to be saved which there isn't. Note that the physical birth is not to be found in either Jn 3:5 or 1 Cor 12:13.
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