City subpoenas pastors' sermons in equal rights ordinance case

Protestors gather outside of City Hall after Mayor Annise Parker and supporters of her proposed nondiscrimination ordinance announced a compromise, Tuesday, May 13, 2014, in Houston. The proposed change in the Houston Equal Rights Ordinance would specify that no business open to the public could deny a transgender person entry to the restroom consistent with his or her gender identity. (Cody Duty / Houston Chronicle) less Protestors gather outside of City Hall after Mayor Annise Parker and supporters of her proposed nondiscrimination ordinance announced a compromise, Tuesday, May 13, 2014, in Houston. The proposed change in the ... more Photo: Cody Duty, Staff Photo: Cody Duty, Staff Image 1 of / 27 Caption Close City subpoenas pastors' sermons in equal rights ordinance case 1 / 27 Back to Gallery

Houston's embattled equal rights ordinance took another legal turn this week when it surfaced that city attorneys, in an unusual step, subpoenaed sermons given by local pastors who oppose the law and are tied to the conservative Christian activists that have sued the city.

Opponents of the equal rights ordinance are hoping to force a repeal referendum when they get their day in court in January, claiming City Attorney David Feldman wrongly determined they had not gathered enough valid signatures to qualify for the ballot. City attorneys issued subpoenas last month during the case's discovery phase, seeking, among other communications, "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 subpoenas were issued to several high-profile pastors and religious leaders who have been vocal in opposing the ordinance. The Alliance Defending Freedom has filed a motion on behalf of the pastors seeking to quash the subpoenas.

Plaintiff Jared Woodfill said the subpoena impinges on protected religious freedoms.

"This is the city trampling on the First Amendment rights of pastors in their churches," Woodfill said.

The city attorney's office has not responded to requests for comment.