Congress shall make no law respecting an establishment of religion, or prohibit the free exercise thereof… – First Amendment

The plan for an Islamic Center or mosque within two blocks of Ground Zero has created a national controversy. Many consider it insensitive to the victims of 9/11 and an insult to the country due to the controversial views of one of the project’s founders Imam Feisal Abdul Rauf. Others argue that Imam Abdul Rauf and his partners are entitled to build it there and that its completion would be a testament to American religious freedom and tolerance. Dozens of politicians, journalists, and academics have commented on the mosque offering their own personal views. Unfortunately the public debate lacks civility or understanding of freedom of religion in America. While most have maintained a reasonable, civilized, and practical debate on the issue, too many exaggerate the importance of the Ground Zero Mosque as well as demonize its opponents.

The site of the proposed Islamic Center is approximately 600 feet away from Ground Zero. The building was purchased by Soho Properties, which is headed by real estate developer Sharif El-Gamal. Originally the property was to become a condominium complex but Imam Abdul Rauf convinced El-Gamal to build a cultural center for Muslims and people of other religious beliefs. The project became known as the Cordoba Initiative. The other major investor in the project is the American Society for Muslim Advancement (ASMA).

In May 2010, neighborhood authorities voted in favor of part of the plans for the mosque. Although non-binding it represents a clear sentiment of the neighborhood in favor of the mosque’s construction. Mayor Bloomberg has also declared his support for the mosque. In general the people of Manhattan support it but by a small margin (according to Quinnipac Poll 46% support while 36% opposed). Most polls show over 60% of New York City residents (includes other boroughs) oppose it as well as over 60% of Americans in general. Democrats are a bit more supportive but a majority is still opposed (54%). A large majority of Republicans and independents are opposed (over 70%).

The controversy stems from the involvement of Imam Abdul Rauf and his comments immediately after September 11th. For reasons that are still unknown, he stated that U.S. foreign policy in the Middle East played a role in the 9/11 attack. When asked to elaborate, he stated the United States did not cause or bring about the attack but was an “accessory to the crime”. The statements were later clarified that he was referring to U.S. support of bin Laden’s group during the Soviet occupation of Afghanistan, which would indicate the U.S. inadvertently armed and supported the group that launched the 9/11 attack. Imam Abdual Rauf has also refused to admit Hamas is a terrorist organization, claiming the question is in some way “political”. Very few Americans agree with either of these statements and naturally find them disturbing.

It has been a common attack from supporters of the project that tea party conservatives and others are motivated purely by racism and racial intolerance. These accusations poison the debate from the very outset, making conservatives less inclined to listen to the project’s supporters or Imam Abdul Rauf himself. Speaker Pelosi has asked for an investigation into who is funding the opposition protests to the mosque, which is very disturbing. The U.S. Congress or the federal government in general has no legitimate grounds for investigating the groups behind the mosque opposition. An investigation would be an overstretch of federal authority and likely unconstitutional due to the chilling effect it would have on the groups involved.

Let’s put this non-sense to rest. There is a mosque roughly four blocks away from Ground Zero that is not at the center of any controversy. If opponents of the Cordoba Project were truly out to remove mosques and Muslims from New York, this mosque would draw their anger and outrage as well. It does not. The Cordoba Project is very different. This particular mosque, promoted by this particular imam, is going to be built near Ground Zero. It is not an existing mosque.

There is also no religious freedom issue here. At most, religious freedom is a moral principle worthy of consideration. The decision to build the mosque or not has no relation to the First Amendment. The First Amendment is a limitation on the government not individuals. If the government was blocking the construction of the mosque, their may be a First Amendment issue. However, in this case, private citizens are using public pressure and other legal methods of stopping the mosque from being built. There is no First Amendment issue.

The First Amendment part of the controversy demonstrates the backwards view that many in the federal government have concerning the Constitution. Somehow, the First Amendment has become a guideline for private behavior and that the federal government’s role is to ensure that private citizens abide by the guidelines. This is completely wrong. The Bill of Rights limits the government, not the people. Only the Thirteenth Amendment applies to private entities (prohibition of slavery).

The decision of whether or not to build the mosque should be and will be decided by the private parties, local officials, and perhaps the City in terms of zoning laws. So far, they have indicated their support for the mosque. It is inappropriate for the federal government to be involved in anyway. President Obama’s public support for the mosque is grossly inappropriate and again demonstrates his lack of respect for the Constitution. He is entitled to his opinion but has no place speaking to the issue as the President. The Office of the President of the United States lacks any authority in deciding whether a religious structure is built in New York City or not. For the federal government to apply any political pressure at all is inappropriate. Unfortunately the President and many members of the U.S. Congress simply do not know their place or don’t care.

Although the Ground Zero mosque has sparked a national debate and a discussion among the political and media elites, it is not a national issue. There is no First Amendment issue, unless the government intervenes to block its construction (or directly support its construction). There is certainly nothing wrong with millions of Americans discussing the issue and giving their own personal views but one must keep perspective. This is a decision to be made by the people of New York City and of that specific neighborhood.

Imam Adbul Rauf has touted himself as a “bridge-builder” between the West and the Muslim World but in this case he has decided to intentionally spark controversy by building his Islamic Center so close to Ground Zero. The project has angered Americans, which is not the way to “build a bridge”. Imam Abdul Rauf is probably not a supporter of terrorism, but his public statements make Americans suspicious and uneasy.

There is nothing wrong with opposing the building of the Ground Zero mosque. As Charles Krauthammer points out, Americans have often blocked the construction of certain structures due to sacredness of a site such as a Disney World theme park near Manassas. He argues that a proposal to build a Japanese Cultural Center in Pearl Harbor right after 1941 would spark similar outrage and stop the project. It would not be a racist anger towards Japanese – but a desire for them to relocate it away from the site of such atrocity and national trauma. The situation at Ground Zero is no different. The government should not block its construction but opponents of the mosque have every right to use legal means to persuade the project leaders to build it elsewhere. Imam Abdul Rauf should show some compassion and respect from a so-called moderate Muslim and build the mosque somewhere else.

Author Bio: J. Wesley Fox is the Chairman of Restore America’s Legacy PAC. He is a recent graduate of DePaul University College of Law and has been active in local and national politics for several years. He currently lives in New Jersey after growing up in the Chicagowww.restoreamericaslegacy.com

Category: Politics
Keywords: Ground Zero,Mosque,Islamic Center,Imam Abdul Rauf,President Obama,9/11,First Amendment,Pelosi