"City subpoenas pastors' sermons in equal rights ordinance case"

[Volokh, Eugene]

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
 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.
The motion to quash is at http://www.adfmedia.org/files/WoodfillQuashMotion.pdf 
.  Thanks,

Eugene
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Re: "City subpoenas pastors' sermons in equal rights ordinance case"

[Allen Asch]

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 
To: Law & Religion issues for Law Academics (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 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.
The motion to quash is at http://www.adfmedia.org/files/WoodfillQuashMotion.pdf 
.  Thanks,
 
Eugene



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RE: "City subpoenas pastors' sermons in equal rights ordinance case"

[Walsh, Kevin]

>From the brief in support of the motion to quash, it appears that the 
>non-party pastors believe the plaintiffs will argue that their request is 
>keyed to evidence in support of affirmative defenses of fraud and unclean 
>hands. It's unclear at this point, though, exactly what the defendants' 
>position will be. Best guess would be something like searching for evidence 
>that the petition signatures were secured by misrepresentations about what the 
>ERO would accomplish. Even if the theory is not sound to support intrusive and 
>overbroad third-party discovery (as the motion to quash asserts), arguing in 
>non-merits-based litigation over third-party discovery that the plaintiffs 
>misrepresented the ERO advances the core themes of the defense. This kind of 
>tactic is common in commercial litigation like that in which Susman Godfrey, 
>Fullbright & Jaworski, and Haynes and Boone (the defense firms here) often 
>participate.

http://www.adfmedia.org/files/WoodfillSubpoenaRequest.pdfhttp://www.adfmedia.org/files/WoodfillSubpoenaRequest.pdf

http://www.adfmedia.org/files/WoodfillQuashBrief.pdfhttp://www.adfmedia.org/files/WoodfillQuashBrief.pdf

http://www.businesswire.com/news/home/20140815005628/en/Susman-Godfrey-LLP-Houston-City-Attorney%E2%80%99s-Office#.VD3SedTF8Xc

From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
on behalf of Allen Asch [aa...@aol.com]
Sent: Tuesday, October 14, 2014 11:28 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 
To: Law & Religion issues for Law Academics (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
 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.
The motion to quash is at http://www.adfmedia.org/files/WoodfillQuashMotion.pdf 
.  Thanks,

Eugene

___
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Religionlaw@lists.ucla.edu
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Anyone can subscribe to the list and read messages that are posted; people can
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__

RE: "City subpoenas pastors' sermons in equal rights ordinance case"

[Walsh, Kevin]

First sentence should read "the non-party pastors believe the _defendants_ will 
argue that their request ..."

From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
on behalf of Walsh, Kevin [kwa...@richmond.edu]
Sent: Tuesday, October 14, 2014 11:35 PM
To: Law & Religion issues for Law Academics
Subject: RE: "City subpoenas pastors' sermons in equal rights ordinance case"

>From the brief in support of the motion to quash, it appears that the 
>non-party pastors believe the plaintiffs will argue that their request is 
>keyed to evidence in support of affirmative defenses of fraud and unclean 
>hands. It's unclear at this point, though, exactly what the defendants' 
>position will be. Best guess would be something like searching for evidence 
>that the petition signatures were secured by misrepresentations about what the 
>ERO would accomplish. Even if the theory is not sound to support intrusive and 
>overbroad third-party discovery (as the motion to quash asserts), arguing in 
>non-merits-based litigation over third-party discovery that the plaintiffs 
>misrepresented the ERO advances the core themes of the defense. This kind of 
>tactic is common in commercial litigation like that in which Susman Godfrey, 
>Fullbright & Jaworski, and Haynes and Boone (the defense firms here) often 
>participate.

http://www.adfmedia.org/files/WoodfillSubpoenaRequest.pdfhttp://www.adfmedia.org/files/WoodfillSubpoenaRequest.pdf

http://www.adfmedia.org/files/WoodfillQuashBrief.pdfhttp://www.adfmedia.org/files/WoodfillQuashBrief.pdf

http://www.businesswire.com/news/home/20140815005628/en/Susman-Godfrey-LLP-Houston-City-Attorney%E2%80%99s-Office#.VD3SedTF8Xc

From: religionlaw-boun...@lists.ucla.edu [religionlaw-boun...@lists.ucla.edu] 
on behalf of Allen Asch [aa...@aol.com]
Sent: Tuesday, October 14, 2014 11:28 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 
To: Law & Religion issues for Law Academics (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
 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.
The motion to quash is at http://www.adfmedia.org/files/WoodfillQuashMotion.pdf 
.  Thanks,

Eugene

___
To post, send message to 
Religionlaw@lists.ucla.edu

RE: "City subpoenas pastors' sermons in equal rights ordinance case"

[Volokh, Eugene]

   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 mailto:vol...@law.ucla.edu>>
To: Law & Religion issues for Law Academics 
(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
 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.
The motion to quash is at http://www.adfmedia.org/files/WoodfillQuashMotion.pdf 
.  Thanks,

Eugene

___

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Religionlaw@lists.ucla.edu

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Anyone can subscribe to the list and read messages that are posted; people can

read the Web archives; and list members can (rightly or wrongly) forward the

messages to others.
___
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To subscribe, unsubscribe, change options, or get password, see 
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Please note that messages sent to this large list cannot be viewed as private.  
Anyone can subscribe to the list and read messages that are posted; people can 
read the Web archives; and list members can (rightly or wrongly) forward the 
messages to others.