Nobody’s Saying Muslims Don’t Have the Right to Build a Mosque Near Ground Zero

Except, that is, for half of everybody.

There’s a lot to pick apart in this poll—for example, you could point out that whether or not Muslims have the legal right to build a Mosque near Ground Zero has nothing to do with current plans to build an Islamic Cultural Center. But I think the more salient point is regarding what this says about how a lot of Americans view constitutional issues.

There is no debate to be had over whether or not Imam Rauf and co. have a constitutional right to build Park51. They do. It is empirically, demonstrably true that they do.

It is not empirically true that they have a right in the moral or metaphysical sense to build Park51, because that is not the sort of thing that can be empirically verified. (Metaethical naturalists might argue that it can be empirically proven, to which I verified: Then do so.) That doesn’t mean that it’s necessarily wrong to say that they have the right. I believe they do, and I would hope that the vast majority of people who live in a liberal democratic society and also believe that rights exist in the first place would agree with me. But giving a proof of that gets into some thorny, potentially unanswerable ethical questions, whereas a proof answering the constitutional question would be irrefutable and consist of one step, which reads: “Read the goddamn document.”

My point being that if you think that Park51 doesn’t have a constitutional right to exist, then you really have no idea what the constitutional angle is on this. In which case, the only way you can give an answer besides “I don’t know” is by substituting your own moral intuitions for the actual letter of the law.

This is the sort of widespread backwards thinking on legal issues that the Onion lampooned brilliantly awhile back. And if you want another example from today’s news, check out Laura Schlessinger complaining that private individuals and companies violate her first amendment rights when they aren’t sufficiently indulgent of her racist tirades.

(Aside: I know it’s way too easy to pick on Sarah Palin, but compare her full-throated defense of Schlessinger to her previous well-documented condemnations of the “Ground Zero Mosque.” Evidently when brown people construct benign outreach centers too close to the sites of national tragedies it shows an unfortunate lack of sensitivity, but when a white person spouts racial epithets on a popular radio program she’s just exercising her rights and anyone who takes issue with that needs to man up.)

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