Ive been hesitant to say anything on the situation in Houston regarding subpoenas issued by the Mayors attorneys to five pastors for copies of their sermons and communications with other parties to the lawsuit. My experience in litigation informed me that this would not turn in to the massive legal showdown that was portrayed by many commentators. It now appears the the Mayor has wisely decided to back off any requests for sermon language. Legally, what a pastor says in the pulpit is protected by the 1st Amendment. Practically, the blatant attempt to politically pressure pulpits was bound to blow up in her face. However, indications are that the Mayor will let stand the requests for communications, emails etc. It also appears the pastors intend to resist this. That is a mistake. Pastors are not above the law and not exempt from the civil process. Unless these communications are covered under the priest/penitent privilege, then communications with parties to a lawsuit which pertain to the subject/facts of the litigation are discoverable. Instead of continuing to claim persecution and violation of their rights, I hope these pastors will celebrate the victory on the portions of the subpoena that truly impact religious liberty and then dutifully comply with the other portions.
Posted on: Fri, 17 Oct 2014 15:17:25 +0000
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