There is no question about the legal right of a private owner to build on his or her own property whatever they desire, subject to local zoning and building regulations.
The issue here is the wisdom and decency of building a place of religious worship immediately adjacent to an infamous site which was destroyed at the cost of 3,000 souls by members of the same faith who claimed their actions in the name of that faith.
For a Speaker of the House to frame the issue as a political one - when those opposing the mosque have largely not done so - says more about the Speaker than it does about those opponents whom she suggests ought to be "investigated", as though the 1st Amendment and all other relevant portions of our Constitution had already been rendered moot by Sharia law.
[Freedom of worship; religious liberty]
§3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind; and no person shall be rendered incompetent to be a witness on account of his or her opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state. *(Amended by vote of the people November 6, 2001.)
It is clear to me that, "the peace or safety of this state," holds very specific intent. What of the term licentiousness? Why that term? I submit for consideration:
li·cen·tious
1. sexually unrestrained; lascivious; libertine; lewd.
2. unrestrained by law or general morality; lawless; immoral.
3. going beyond customary or proper bounds or limits; disregarding rules.
I am most interested in #3. Does the mosque proposal go beyond the limits? Does it go far enough to endanger the safety and peace of the State of New York?
Does building the mosque at Ground Zero violate the State's Constitution?
*Less than one month after 9/11
Some Republicans certainly have dared the Dems to a political fight over this, and I'm glad they have. Unlike Reid, Pelosi can go way out in left field without losing votes for herself, but she is not helping other Dems.