Facing Real Threats to Religious Freedom: the City of Houston and Free Speech from the Pulpit

Last week I promised to focus next on a recent victory for religious freedom in the U.S. federal court system.  Due to a serious and stunning event this week in Houston, I instead want to turn attention to how real are current threats to religious freedom in this country.

Some prominent local pastors’ sermons were subpoenaed by the city of Houston. The reason? These pastors were thought to oppose the Houston Equal Rights Ordinance (known by the Orwellian acronym HERO) – a city law which gives transgendered people the right to use public restrooms for the sex they identify with.  So, a biologically-endowed male would have access to women’s bathrooms if he claimed a transgender identity (how transgender claims would be validated is not at all clear; the problems this could cause are glaring). If prevented from using opposite sex restrooms, transgendered people have the right, under this ordinance, to file a discrimination complaint.

After HERO was passed by the city council, a petition was filed to submit the ordinance to a public referendum.  In spite of having over 50,000 signatures, the petition was rejected by the city.  Citizens filed suit against the city.  In response a subpoena was issued, seeking “all speeches, presentations, or sermons related to HERO, the Petition, Mayor Annise Parker, homosexuality, or gender identity prepared by, delivered by, revised by, or approved by you or in your possession.”

The sheer audacity of this move is stunning.  Here we have a local government using subpoena power to intimidate pastors into silence on moral issues that conflict with the government’s agenda. This is not only a direct threat to the free exercise of religion but obviously stifles free speech.

The good news is that the pastors refused to comply and the public outcry from around the country created such a public relations nightmare, that the mayor of Houston backed down, even blaming the attorneys who filed the subpoenas ‘pro-bono’ for the city. Thankfully, efforts to stand up to violations of First Amendment rights in this country will likely still succeed. But this can change in less than a generation if citizens refused to take stand.

To learn more, please see this commentary:



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