That mosque near Ground Zero


I agree with Krauthammer and others.  Ground Zero is hallowed ground, and a mosque in such close proximity is bad form.  I don’t want it there.  Except there’s this one sticking point that I just can’t get around:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.

Like it not, Islam is a religion.  As adherents to the above words, we shouldn’t be in the business of prohibiting its free exercise, no matter where or how rude or how crass the place of worship.  Unless the operators are militant Islamists intending to incite violence, or unless the building doesn’t meet code requirements, I’m not seeing the logic of protesting against it or the media-stoking.  Changing the zoning code to disallow a mosque in that vicinity doesn’t make sense, unless the city bans all other places of worship in the same area.  Banning a mosque but no other religious facilities would come into conflict the Establishment Clause, putting the government in the business of giving preferences to some religions over another.  It pains me to say this, but the president is right.

To me, the best way to deal with unlikeable or unpleasant speech is to respond with more speech.  In that vein, the way to deal with crass developers is with more development.  I like Gutfield’s idea of a Muslim gay bar next door.  Or here’s another one:  A Muhammed cartoon shop.  Or why not a twice-the-size Christian church.  Or how about rebuilding Ground Zero already?  I’d rather see a building that would make Americans proud instead of a hole in the ground or a mausoleum.


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AGAIN it is NOT about the Constitution..get a grip!...nt

JadedByPolitics (Diary) Sunday, August 15th at 10:57AM EST (link)

Time, place and manner restrictions are allowed re free speech which is what ZONING is for religion - I can't build a church

Mike gamecock DeVine (Diary) Sunday, August 15th at 11:01AM EST (link)

on my residential property, e.g.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Absoutely correct

SteveLA (Diary) Sunday, August 15th at 11:31AM EST (link)

Those restrictions you mention, they are set by local authority, and are supposed to be set in a non-discriminatory manner. Game can’t build a house of worship at his personal residence, nor can he build a Mosque, an Ashram, or any other hose of worship without local planning approval, that much I agree with.

So what is the role of Federal powers in local zoning which is able to trump the powers of local authority? Is Game suggesting that there is some over-riding constitutional power at play here?

If the people of NY city are stupid enough, actually the elected or appointed zoning commissioners, to allow this mosque to be built, they should be removed from office, but I don’t see a Federal power that regulates stupidity and hurt feelings.

______________________________________

Competency over ideological purity and litmus tests

agreed totally re no federal role and the right of the people and elected Dems in NYC to allow the mosque

Mike gamecock DeVine (Diary) Sunday, August 15th at 12:18PM EST (link)

to be built there. But they also have the right to make zoning decisions based on an INFINITE number of factors that would pass constitutional muster and so should not be allowed to pretend that the Constitution COMPELS them to allow the mosque to built at Ground Zero.

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

 
 
 

A little checking

Bird_Dog (Diary) Sunday, August 15th at 2:22PM EST (link)

Just out of fleeting curiosity, I did some fleeting research.  The proposed Ground Zero mosque is here, according to Mapquest.  Depending on the side of the street, zoning is C6-4 or C6-2A, according to the city’s zoning map.  According to the city’s zoning code, a mosque would fall under Use Group 4:

Houses of worship, rectories or parish houses

Monasteries, convents or novitiates used only for living purposes, provided that such use is to be part of a group of buildings accommodating house of worship activities, schools or other house of worship facilities that existed on December 15, 1961, or any applicable subsequent amendment thereto, and that such use is to be located on the same zoning lot with one or more buildings in such group of buildings or on a zoning lot that is contiguous thereto or directly across the street on that such buildings face.

A mosque is a “house of worship”. Under C6 zoning, under “use permitted as of right”:

Use Group 4

C1 C2 C3 C4 C5 C6 C8

Use Group 4, as set forth in Section 22-14.

Since any religious facility is outright permitted in a C6 zone, there really is no issue here. If opponents want to prohibits its use, they should try to change the law, provided such law doesn’t run afoul of the Establishment Clause.