Texas Legislature

HERO Fight Echoes In Senate Testimony Over Sermon Safeguard Bill

The bill would bar governments from forcing religious leaders to hand over copies of their sermons. It stems directly from former Mayor Annise Parker’s battle with pastors over the Houston Equal Rights Ordinance.

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The Texas Senate has held its first hearing on the “sermon safeguard” bill (SB 24). The bill would make it illegal for Texas or local governments to subpoena a sermon from a religious leader, or to compel testimony about a sermon’s contents.

The measure stems in large part from the fight over the Houston Equal Rights Ordinance or HERO. Supporters argue the bill is necessary, in light of former Houston Mayor Annise Parker’s 2014 attempt to subpoena the sermons of five pastors seeking HERO’s repeal.

Special Coverage Of The 85th Texas Legislative Session

Special Coverage Of The 85th Texas Legislative Session

“Most people of faith are not going to know what to do in these situations,” said Jonathan Saenz, president of the religious advocacy group Texas Values, who testified in favor of the bill. “And as I’ve seen in my work for close to two decades in law and public policy, that if you don’t have something specific in law, some people are going to use that, to intimidate and make people believe that they have to follow their view on this issue.”

Legal scholars argue the bill would do little to protect religious liberty beyond what is already guaranteed by the First Amendment.

“[Mayor Parker’s] subpoena requests were obviously overbroad and overburdensome and violated principles of religious freedom,” said Charles “Rocky” Rhodes, a professor of constitutional law at South Texas College of Law Houston. “But that kind of overbroad request is both very, very rare and can be taken care of under existing doctrines.” Even when such requests are made, he said, they’re typically quashed by the court.

The now-defunct HERO aimed to prevent discrimination against LGBT individuals in public accommodations. The Texas Senate is now considering SB 6, often referred to as the “bathroom bill,” to prevent local governments from adopting such ordinances. Lieutenant Governor Dan Patrick has identified both bills among his top priorities for the current legislative session.

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Andrew Schneider

Andrew Schneider

Politics and Government Reporter

Andrew heads Houston Public Media’s coverage of national, state, and local elections. He also reports on major policy issues before the Texas delegations in the U.S. House and Senate, as well as the Texas governorship, the state legislature, and county and city governments. Before taking up his current post, Andrew...

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