Diary

Muhammad and the Ground Zero Mosque

 On July 11, 2011, a Justice of the New York State Supreme Court dismissed a lawsuit, filed by a New York City firefighter, seeking to prohibit construction of the “Ground Zero Mosque” (hereinafter, also, “GZM”). The Court never actually considered the merits of the case. Instead, its judgment rests on technical, legal grounds, holding that the firefighter lacked “standing” to file the lawsuit in the first place. In the eyes of the Court, he lacked a significant connection to the litigation, to wit: the outcome of the lawsuit would not affect him, personally. Although the ruling is not favorable for the firefighter, it does not sound the death Nell of the litigation, either. The stage has been set for the robust exercise of New York State‘s formidable appellate process.

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The courts in New York State are unusual, insofar as the “Supreme Court”, where this action was filed, is actually the trial court; the lower court in which a decision is supposed to be rendered by the application of the law to the facts of the case. However, the firefighter has the right to ask a higher court, the Appellate Division, to determine if the trial court’s decision was erroneous. Even if he loses before the Appellate Court, the firefighter can appeal to the highest New York State court, The Court of Appeals. The firefighter will probably seek an injunction to stop construction of the Ground Zero Mosque while the case is winding its way through the appellate process. This makes sense, because, if the builders were allowed to continue construction, by the time the appeal is decided, the GZM could already be standing.

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Given the depth of the emotions of those opposing construction of the GZM, it is astounding that the Islam proponents have adopted such a diehard, “no compromise”, position. With all due respect, I wonder if Muhammad, himself, would have insisted that the GZM be built on that particular location, and no other. According to the Qur’an, many religious principles, first made known to Christians and Jews by God, are equally important to Believers in the Muslim faith. As such, it appears that the base emotions of mere mortals have assumed far more influence in this case than Believers in any of the Great religions, involved, would endorse.