Quote Originally Posted by Cataholic View Post
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.