Got it, thanks very much! Two questions:
1. Isn't the response arguing that plaintiffs were dishonest in
the petition itself, not just in public statements about the ordinance?
2. Under the ordinance, would employers indeed be able to
exclude people who are biologically male but who self-identify as female from
women's restrooms? I haven't thought about this question in the past, and I'd
love to hear what people know about how such bans on gender identity
discrimination have been interpreted (or how plaintiffs or activists have
sought to have them be interpreted).
Eugene
From: religionlaw-boun...@lists.ucla.edu
[mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Allen Asch
Sent: Tuesday, October 14, 2014 8:29 PM
To: religionlaw@lists.ucla.edu
Subject: Re: "City subpoenas pastors' sermons in equal rights ordinance case"
Prof Volokh,
You piqued my interest, so I checked out the "City of Houston's Response in
Opposition to Plaintiff's Request for a Temporary Injunction" at
http://lexpolitico.com/wp-content/uploads/2014/08/20140814-Response-in-Oppo.pdf
I notice one of the arguments the City makes is that Plaintiffs have "unclean
hands" because their petition signatures were gained by dishonest scare tactics
about the equal rights ordinance ("Plaintiffs and their associates appear
intentionally to have used falsehoods and taken wild liberties with the truth
as they sought to frighten people into supporting and signing their referendum
petition"). The argument alleges scare tactics about men being allowed in
women's restrooms.
Without supporting the use of those subpoenas myself, that argument about the
scare tactics sounds like the likely source of the subpoena request for those
sermons.
I hope that helps,
Allen Asch
-----Original Message-----
From: Volokh, Eugene <vol...@law.ucla.edu<mailto:vol...@law.ucla.edu>>
To: Law & Religion issues for Law Academics
(religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>)
<religionlaw@lists.ucla.edu<mailto:religionlaw@lists.ucla.edu>>
Sent: Tue, Oct 14, 2014 7:59 pm
Subject: "City subpoenas pastors' sermons in equal rights ordinance case"
Colleagues: Does anyone know the theory on which the subpoenaed information is
relevant here?
http://www.chron.com/news/politics/houston/article/City-subpoenas-pastors-sermons-in-equal-rights-5822403.php
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<http://www.chron.com/search/?action=search&channel=news%2Fpolitics%2Fhouston&inlineLink=1&searchindex=property&query=%22David+Feldman%22>
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<http://www.chron.com/search/?action=search&channel=news%2Fpolitics%2Fhouston&inlineLink=1&searchindex=property&query=%22Annise+Parker%22>,
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.
The motion to quash is at http://www.adfmedia.org/files/WoodfillQuashMotion.pdf
. Thanks,
Eugene
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