Hand Over Your Sermon, or Else

 
 
By _Eric Metaxas_ (http://www.christianpost.com/author/eric-metaxas/)   , 
Christian Post Contributor
October 17, 2014

 
 
Earlier this week, the city of Houston, the fourth-largest city in the 
U.S.,  issued a subpoena to a group of pastors demanding copies of sermons that 
touched  on the subjects of "homosexuality, gender identity or Annise 
Parker, the city's  first openly-lesbian mayor." 
Let that sink in. In America, a city government has demanded that religious 
 leaders turn over their sermons or face contempt of court charges, even 
possibly  jail time. 
Words fail me. This is beyond outrageous. John Stonestreet and I—and Chuck  
Colson before us—have been warning for years that our religious liberties 
are in  peril in every aspect of life. This may be the wake-up call the 
church in  America needs. 
Okay, so here's the background. In May, the city council enacted an 
ordinance  that permitted transgendered men to use women's public restrooms. 
Mayor Parker defended the ordinance as a measure that supported the 
"Houston  I know [that] does not discriminate, treats everyone equally and 
allows 
full  participation by everyone in civic and business life." 
Missing in that high-sounding rhetoric was any guidance regarding how to  
distinguish a transgendered man from a guy who simply wants to see women in  
various states of undress in a public restroom. 
In response to this, opponents of the ordinance gathered more than 50,000  
signatures to put a measure repealing the ordinance on the ballot. While 
"the  city secretary, who is entrusted by law to examine and certify petitions, 
 certified [it] as sufficient," the city attorney and the mayor's office 
threw  out the petitions claiming irregularities. The people behind the 
petition drive  then sued the city. 
That's when Houston decided to play hardball and issued the subpoenas to 
the  pastors. Mayor Parker called the demand for the sermons "fair game," even 
though  none of the pastors was directly connected to the petition drive or 
the  lawsuit. 
A colleague of mine, who graduated from law school and passed the bar, 
asked  "how is this legal?" when he learned about the subpoenas. And of course, 
he  wasn't alone. Russell Moore, of the Southern Baptists Ethics & Religious 
 Liberty Commission, in a piece entitled "Houston, We Have a Constitution," 
wrote  that he was "simply stunned by the audacity" of the subpoenas. 
As the Alliance Defending Freedom's Christiana Holcomb put it, "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." 
Presumably, Houston's lawyers also graduated from law school and passed the 
 bar, so they had to know that there was no way this action would stand up 
in  court. So why did they proceed? 
They proceeded because their goal was not legal—it was political. The goal  
was not to prevail in litigation over the petitions but to intimidate their 
 opponents and create what the Supreme Court has called a "chilling effect" 
on  future challenges to government actions by religiously-motivated 
citizens. The  message was "oppose us and we will make your life miserable." 
As I record this commentary, it seems that Houston is re-thinking the  
subpoenas. But it's important to note that if they are, it's only because  
citizens are crying foul and pushing back—hard. As they should. 
That in itself is a sad reminder that the freedom we once took for granted 
is  now up for grabs. And that we can never, ever be silent in the face of 
this kind  of horrendous and utterly un-American intimidation. 
Maybe we'll win this round, but it's clear that we have a problem—and not  
only in Houston.

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