Rex Murphy: Testing America’s tolerance

[RICHARD]

Just saw some interview on the K Olbermann show.

(This dude is pretty funny...)

And I thought about THIS......

You are free to worship any god you want.

BUT, all the 'rules' do not mention anything about zoning laws.

so, draw them up and 'zone' them out.

[lizbud]

The Islamic group behind this idea to build this cultual center say
they wish to promote good will between Americans & the Islamic community.
If they want to do a better job of it, they should change the location.
I think most people would be surprised & impressed by changing the location
instead of just insisting on their "right" to build where they want.


Do they have a constitutional right to build it, yes. Is it a good idea to
forge ahead with their plans, no matter what the people of NY feel about
it? No, it's sure to harm their own stated goals of improving relations &
understanding between Islam & America.

[RICHARD]

Do they have a constitutional right to build it, yes. Is it a good idea to
forge ahead with their plans, no matter what the people of NY feel about
it? No, it's sure to harm their own stated goals of improving relations &
understanding between Islam & America.

I think they have the right to practice a religion.

But, I think that building and zoning laws are local laws.

[Lady's Human]

Building and zoning are local laws, however, the right to freedom from government interference in practicing one's religion overrides zoning laws. They cannot simply state "No mosques in X radius around the WTC site"

[RICHARD]

They cannot simply state "No mosques in X radius around the WTC site"

Oh, thanks, I really suck at algebra......

[lizbud]

Building and zoning are local laws, however, the right to freedom from government interference in practicing one's religion overrides zoning laws. They cannot simply state "No mosques in X radius around the WTC site"

Not saying that NY should do that, but it would make an interesting
case in court. All cities have zoning laws that forbid specific tyes of buildings
or businesses from certain areas of the city. Banning them from building in
a specific area, does not infringe on their right to build & worship(whatever)
in another location.

[Lady's Human]

Not saying that NY should do that, but it would make an interesting
case in court. All cities have zoning laws that forbid specific tyes of buildings
or businesses from certain areas of the city. Banning them from building in
a specific area, does not infringe on their right to build & worship(whatever)
in another location.

Yes, but a change in zoning laws at this point would be a blatant violation of the first amendment.

Had the ordinance been in place prior to their purchase of the property, it would be different.

[Cataholic]

Building and zoning are local laws, however, the right to freedom from government interference in practicing one's religion overrides zoning laws. They cannot simply state "No mosques in X radius around the WTC site"

Actually, I think it is better stated that building and zoning laws and the right to practice one's religion have competing interest. One doesn't override the other, unless the building/zoning code is expressly prohibiting something granted to someone by the US Constitution.

It could be, conceivably, legally permissible to say, "no mosques in X radius" if there were an overriding governmental interest to protect or assert.

[Lady's Human]

Actually, I think it is better stated that building and zoning laws and the right to practice one's religion have competing interest. One doesn't override the other, unless the building/zoning code is expressly prohibiting something granted to someone by the US Constitution.

It could be, conceivably, legally permissible to say, "no mosques in X radius" if there were an overriding governmental interest to protect or assert.

Granted. However, to do so at this point would be a very, very weak argument constitutionally. Not only would you be treading on the first amendment, it could also be very, very easily argued as a violation of the constitution's bar against ex post facto laws. (granted, that's a ban on criminal law, but given the creep seen with the interstate trade clause, I don't think it's a stretch)

To even have a snowball's chance in hades of standing up, the ordinance would have to be worded to eliminate the possibility of ANY religious structure within X radius, and then the howling would really begin.

[Bonny]

I know lets take up a collection & buy that furture Mosque land near ground zero. Do you think they would sell it for the right price? Really has anyone thought about doing this?