US City Subpoenas Pastors' Sermons in Culture War Witch Hunt Charisma News Staff
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City of Houston is attempting to subpoena sermons and other communications belonging to several area pastors in a lawsuit in which the pastors are not even involved [photo for illustrative purposes only]. (Comingdeer/Wikimedia Commons)
Alliance Defending Freedom attorneys have filed a motion in a Texas court to stop an attempt by the city of Houston to subpoena sermons and other communications belonging to several area pastors in a lawsuit in which the pastors are not even involved.
City officials are upset over a voter lawsuit filed after the City Council rejected valid petitions to repeal a law that allows members of the opposite sex into each other's restrooms. ADF attorneys say the city is illegitimately demanding that the pastors, who are not party to the lawsuit, turn over their constitutionally protected sermons and other communications simply so the city can see if the pastors have ever opposed or criticized the city.
"City Council members are supposed to be public servants, not 'Big Brother' overlords who will tolerate no dissent or challenge," said ADF Senior Legal Counsel Erik Stanley. "In this case, they have embarked upon a witch-hunt, and we are asking the court to put a stop to it."
"The city's subpoena of sermons and other pastoral communications is both needless and unprecedented," added ADF Litigation Counsel Christiana Holcomb. "The city council and its attorneys are engaging in an inquisition designed to stifle any critique of its actions. Political and social commentary is not a crime; it is protected by the First Amendment."
In June, the Houston City Council passed its "bathroom bill," which sparked a citizen initiative to have the council either repeal the bill or place it on the ballot for voters to decide. The public submitted more than three times the legally required number of valid signatures, which the city secretary, who is entrusted by law to examine and certify petitions, certified as sufficient. The mayor, an avowed lesbian who campaigned on a platform of gender equality, and city attorney defied the law and rejected the certification.
After the initiative supporters filed a lawsuit, Woodfill v. Parker, over the matter, the city's attorneys subpoenaed a number of area pastors, demanding to see what they preach from the pulpit and to examine their communications with their church members and others concerning the City Council's actions.
The ADF brief accompanying the motion filed in the District Court of Harris County to quash the subpoena "discovery requests" explains that they are "overbroad, unduly burdensome, harassing, and vexatious," irrelevant to the lawsuit, and will have a profoundly negative effect on free speech and the electoral process should they be allowed to move forward.
"The message is clear: Oppose the decisions of city government, and drown in unwarranted, burdensome discovery requests," the brief states. "These requests, if allowed, will have a chilling effect on future citizens who might consider circulating referendum petitions because they are dissatisfied with ordinances passed by the City Council. Not only will the Nonparty Pastors be harmed if these discovery requests are allowed, but the People will suffer as well. The referendum process will become toxic, and the People will be deprived of an important check on city government provided them by the Charter."
Pastors in Houston and their attorneys are fighting back after the city subpoenaed sermons and 17 forms of the pastors' private communication.
It's the latest action in a legal battle over Houston's new Equal Rights Ordinance which creates special protections for homosexuals and transgenders.
"For a city government to step into churches and ask pastors to turn in sermons -- it's gone too far," said Houston Pastor Hernan Castano of Iglesia Rios De Aceite. "This is not what America, the nation, is about. And if they want to know what we preach, what we say -- we do live streaming services. We preach the Bible. We teach the Bible."
Russell Moore, president of the Ethics and Religious Liberty Commission of the Southern Baptist Convention, says he's stunned by the "audacity" of Houston officials.
What are the pastors doing in reponse to the subpoena? Dave Welch, Executive Director of the U.S. Pastor Council, sheds light on the situation on CBN News, Oct. 15.
"The preaching of sermons in the pulpits of churches is of no concern to any government bureaucrat at all. This country settled, a long time ago, with a First Amendment that the government would not supervise, license, or bully religious institutions," Moore wrote in his blog.
Area churches and Christian business owners say the new ordinance could penalize them for their biblical principles and undermine their constitutional right to speak out against homosexuality.
"They want to put fear in our hearts. They want to stop the people from expressing the right that they have to oppose abuse of power government, to oppose something that isn't right," Castano said.
More than 50,000 voters had signed a petition to begin a process to repeal the ordinance. Less than 18,000 signatures were needed, but the city still rejected the petition signatures.
And LGBT activists reportedly published the names and addresses of everyone who signed the Houston petition in a move that some are calling yet another act of intimidation.
The voters sued over the rejection of their petition.
The Alliance Defending Freedom is representing several Houston pastors. They say the city's move to target pastors is retaliation for the petition lawsuit.
"City council members are supposed to be public servants, not 'Big Brother' overlords who will tolerate no dissent or challenge," ADF Senior Legal Counsel Erik Stanley said. "In this case, they have embarked upon a witch-hunt, and we are asking the court to put a stop to it."
"The separation of church and state means that we will render unto Caesar that which is Caesar's, and we will. But the preaching of the church of God does not belong to Caesar, and we will not hand it over to him. Not now. Not ever," Moore vowed.
The city of Houston has issued subpoenas demanding a group of pastors turn over any sermons dealing with homosexuality, gender identity or Annise Parker, the city’s first openly lesbian mayor. And those ministers who fail to comply could be held in contempt of court.
“The city’s subpoena of sermons and other pastoral communications is both needless and unprecedented,” Alliance Defending Freedom attorney Christina Holcomb said in a statement. “The city council and its attorneys are engaging in an inquisition designed to stifle any critique of its actions.”
ADF, a nationally-known law firm specializing in religious liberty cases, is representing five Houston pastors. They filed a motion in Harris County court to stop the subpoenas arguing they are “overbroad, unduly burdensome, harassing, and vexatious.”
“Political and social commentary is not a crime,” Holcomb said. “It is protected by the First Amendment.”
"This is a shot across the bow of the church. Pastors need to step forward and challenge this across the country. I'd like to see literally thousands of pastors—after they read this story—to challenge government authorities, to dare them to come into their churches and demand their sermons." -Tony Perkins, Family Research Council
(Houston, TX)—The city of Houston has issued subpoenas demanding a group of pastors turn over any sermons dealing with homosexuality, gender identity, or Annise Parker, Houston's first openly lesbian mayor, says Fox News host Todd Starnes. (Photo via Wikipedia Commons)
"Those ministers who fail to comply," he adds, "could be held in contempt of court."
Alliance Defending Freedom (ADF) lawyers have since filed a motion to stop the subpoena. So what's all the fuss about?
As reported in Charisma News, Houston city officials are upset over a voter lawsuit filed after the City Council rejected valid petitions to repeal a law approved in June that allows members of the opposite sex into each other's restrooms.
The Houston Chronicle reported that opponents of the "bathroom bill" launched a petition drive that generated more than 50,000 signatures—more than the 17,269 needed to put a referendum on the ballot. The City Council threw out the petition in August citing "irregularities."
Although Mayor Parker refused to speak with Todd Starnes, Stanley was quoted as telling the Fox News host that the mayor's motives may be to publicly shame the ministers, possibly using their sermons to reveal them as "anti-gay bigots."
Said ADF Litigation Counsel Christiana Holcomb, "The city's subpoena of sermons and other pastoral communications is both needless and unprecedented. The City Council and its attorneys are engaging in an inquisition designed to stifle any critique of its actions. Political and social commentary is not a crime; it is protected by the First Amendment." (Photo: John Wesley preaching/Wikipedia)
The ADF brief reads, in part: "The message is clear: Oppose the decisions of city government, and drown in unwarranted, burdensome discovery requests. These requests, if allowed, will have a chilling effect on future citizens who might consider circulating referendum petitions because they are dissatisfied with ordinances passed by the City Council. Not only will the Non-party Pastors be harmed if these discovery requests are allowed, but the People will suffer as well. The referendum process will become toxic and the People will be deprived of an important check on city government provided them by the Charter."
To find out more about this outrageous development and also read the brief in its entirety, click here.
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Topic: US City Subpoenas Pastors’ Sermons in Culture War Witch Hunt
(Houston, TX)—The city of Houston has issued subpoenas demanding a group of pastors turn over any sermons dealing with homosexuality, gender identity, or Annise Parker, Houston's first openly lesbian mayor, says Fox News host Todd Starnes. (Photo via Wikipedia Commons) 
Said ADF Litigation Counsel Christiana Holcomb, "The city's subpoena of sermons and other pastoral communications is both needless and unprecedented. The City Council and its attorneys are engaging in an inquisition designed to stifle any critique of its actions. Political and social commentary is not a crime; it is protected by the First Amendment." (Photo: John Wesley preaching/Wikipedia) 