@Ahab,
Ahab wrote:
parados wrote:
kennethamy wrote:
Courts decide on matters other than constitutional matters. Whether I owe money to a physician may go to a court, but that is hardly a constitutional matter.
Of course courts decide other things than constitutional matters. I never said they didn't.
This is NOT a case of owing money to a physician. This is a case that would be preventing the building of a mosque. It is a religious issue and that makes it a constitutional issue. No matter how you try to claim it isn't about religion the courts won't see it any differently.
Quite right. And that is why he had to claim in the OP that the right to freedom of religion is a red herring.
Is there a fallacy of claiming something to be a red herring when it really isn't a red herring?
But since it is not (repeat not) a religious issue, that it is a religious issue is not a reason to think it is a constitutional issue. For, as I pointed out the fact that it is a Muslim structure has nothing to do with whether it should be erected. Proof, if it were a Shriner Temple, or an Elks Lodge, and if a group of Shriners had done the 9/11 atrocity, or if a group of the Royal Order of the Elks had committed the atrocity, the very same objections would have been made to those buildings. Therefore, to insist that because it is a Muslim structure the building is an issue is wrong. QED. Think about it. Your fallacy is that you think that whether it is a Muslim structure or, indeed,
any religious structure is essential to the issue. But that is false, as I have just shown by my Shriners and Elks counterexample. That it is a religious structure, and that it is a Muslim structure is not essential, it is
accidental to the issue. And therefore, that is why you are committing a different fallacy, namely, the fallacy of accident which is the fallacy of thinking that a feature accidental to an argument is essential to the argument. How hard is it to understand this? As I pointed out, you can read more about the fallacy of accident in, for example, the web site, Fallacy Files. Do yourself a favor. Learn a little logic, and you will not (I hope) keep committing fallacy after fallacy. My explanation of why your are just wrong to think of this as a religious issue, and to infer from that, that if it goes to court it will have to go as a constitutional issue, and all the other attendant mistakes you make can be staunched with just a little effort on your part. Meantime, as Cromwell said to the Long Parliament, "Think it in your bowels that ye may be mistaken". And, in fact, I have just
proved that you are mistaken. I have just
proved that it is not a religious issue. (And the fallacy you commit in this instance is not the fallacy of the red herring. It is the fallacy of accident).
Those who try to argue, but know no logic, are like those who try to row, but who have no oars.