The issue of a proposed Muslim community center in Manhattan has generating tremendous political controversy during the normally quiet month of August.
Opponents to the construction of the so-called Ground Zero Mosque say that this location is hallowed ground, and building a Muslim community center so closed to the site where Islamic terrorists killed 3000 Americans is insensitive to the victim’s families.
The developers of the Park51 Community center are planning to build at the location two blocks from the site of the World Trade Center. And the mission statement of the center includes promoting diversity and inter-religious dialog.
On paper, the dispute boils down to the center’s Constitutional rights to freedom of expression and freedom of religion vs. the opponents right to not be offended and uncomfortable. The facts of the case are simple enough, and there is virtually no legal justification to deny the right of the builders to proceed.
But the critics of the development still hope to get the project stopped or relocated. They are hoping that protests and discomfort by the public at large may force some compromise, as a unifying gesture.
The Rights and Influence of Crime Victims
There is an interesting question as to what kind of influence is reasonable from people who are potentially prone to emotional bias, however understandably.
There is a direct parallel with criminal trials and criminal sentencing.
The families of the victims of any tragedy are understandably emotional about what they have been through. No one expects them to be objective observers or able to fairly judge matters that relate to their experience.
That’s why crime victims or family members are instantly disqualified from juries in criminal trials. The sister of a murder victim is not qualified to judge a murder trial. Everyone understands how difficult it would be for that person to apply the law impartially.
Fortunately, we are a nation of laws that strives to provide impartial justice and equal access to civil and criminal justice.
But some states do allow victims impact statements as a formal part of the judicial process.
In this case, any remedies in the Park51 are likely to be extra-legal, to be agreed upon voluntarily.
Those suffering with grief and anger should never be asked to judge a fair outcome related to their tragedy. A civil and just society is best served by an impartial judgment, with consideration only for the fairest outcome for all.
About David Matson