Here is the news story in its original form for your shocked brains to attempt to process:
The Alliance Defending Freedom is countering this abuse of freedom with legal action – a motion to stop these subpoenas from going ahead (and you can find their legal reasoning here.
Notably, ADF claims that the city’s subpoenas, which the city claims go toward answering a lawsuit filed by Houston citizens over this new rule (dubbed HERO – cute), is a fishing expedition, and that the pastors being subpoenaed were not even involved in the lawsuit. It looks as though the city may be hunting for some way of legally punishing the city’s religious leaders for taking a position counter to ‘HERO’, and their methods are questionable at best.
But let’s step back a minute and talk about that rule.
‘HERO’ states that transgendered persons who identify as a different gender than what shows up biologically cannot be denied access to opposite-gender bathrooms in any public building in Houston. The theory is that it is a hardship for a biologically male (or female) person who identifies as the opposite gender to be forced to use the bathroom of their biological gender.
A lawsuit filed to stop this rule from going live is what brought the debate to a boil, but I do want to briefly discuss the merits of the rule itself. I want to be sympathetic here – but how can any purveyor of a public restroom be certain of the state of mind of anyone wishing to use the opposite gender bathroom? It is well known, thanks to the internet and its cornucopia of platforms for discussion of sexual orientation and proclivities, that there exist a not-insignificant number of individuals who obtain sexual gratification from spying on the bathroom habits of the opposite sex. Houston is the place for these folks! Simply claim you are transgendered and spend all the time you want in there. I, for one, do not believe it is possible to uphold this law without creating a huge array of unintended consequences, not the least of which being a big increase in sexual assault and rape in ladies rooms in the city.
But – and this is hard to believe – there is a bigger issue. In order to enforce the rule and punitively punish anyone who would bring a legal challenge, city officials feel within their rights to spy on – oops, I mean subpoena – the sermons of pastors not directly involved in said legal challenge on the topic of this rule. It is a deeply alarming world in which we now live, if it is considered normal behavior for a city to decide that compliance with this rule shall include absolute verbal agreement at the threat of legal action; and that in order to obtain this agreement, they shall have the unfettered right to pry into the private worship of any congregation in their jurisdiction on a fishing expedition. What’s next – the Justice Department deciding that it has the right to subpoena all churches to make sure they comply with the Affordable Care Act or do not explicitly oppose democrat candidates? Oh wait – the IRS is beginning to consider spying on churches to make sure they do nothing “political”.
Here’s hoping that ADF is successful in its challenge – but, to be honest, I doubt it will matter in the long run if these abusive legal tactics become the norm (as they already seem to be doing).
I fear for us all.