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johnsobas said:

you can't put constitutional rights up for vote, same deal as gay marriage.  It doesn't matter if 100% of the people are against it. 

No one has a right to marry just as no one has a right to drive. Rights don't requires licenses and both marriage and drivers licenses are the authority of each individual State. This is why some States allow Gay Marriage, others do not, and all States have similar but differing drivers license requirements. For example, Oregon requires an authentic US birth certificate to give out and renew driver's licenses, while Utah does not have the US birth certificate requirement.

As for the Mosque, I was asking a rhetorical question. Yes I am against it personally, but I do recognize it is 2 city blocks away from the WTC site and if this Islamic group has bought the land, then they have every US Constitutional right to build it.

Now, if the land where the Mosque will be built is owned by the City of New York, the Port or some other governmental entity, then whether it can be built could and should be put up for a vote.