Mosque near Ground Zero
Facts of the Case:
The supporters of the Islamic community center and mosque near Ground
Zero (called the Park51 project) have argued that the First Amendment gives
American Muslims the right to build a house of worship wherever they wish so
long as the project complies with local ordinances. Some proponents also
assert that building a mosque near Ground Zero is a statement that America is
not turning its back on the fundamental value of freedom of religion despite
religious fanatics abusing a religion to perpetrate a crime against humanity.
The detractors of the Park51 project like former NYC may Rudolf Giuliani say
"This project is creating tremendous pain for people who've already made the ultimate
sacrifice. All you're doing is creating more division, more anger, more hatred."
Opponents have drawn encouragement from various polls that show that nearly 7 in
10 Americans oppose the project. Opposition from some, but not all, families of
9/11 victims has also been cited as a reason. The building it is replacing had a piece
of landing gear fall through the roof. Opponents say that it is too close to ground
zero and that it is insensitive to build it there.
Question:
Are questions about the "appropriateness" of the project or its "wisdom"
indirect ways to infringe on the freedom of religion? What is the constitutional
answer (legality) of the mosque being built there? Why/why not should it be
built?