Houston Mayor Annise Parker announced on Friday that the city would narrow the scope of a controversial subpoena that asked five local pastors for copies of some of their sermons and communications.
The subpoena — which sits at the uncomfortable intersection of church and state — drew immediate ire from conservatives across the country.
The Family Research Council's Tony Perkins wrote a blog post titled "Snoops on the Stoops of the Church," which decried the city's "totalitarian tactics." Texas Sen. Ted Cruz said the subpoena was an "assault against religious liberty."
Texas Attorney General Greg Abbott, who is in the middle of a gubernatorial run, sent a letter to the Houston city attorney, saying, "whether you intend it to be or not, your action is a direct assault on the religious liberty guaranteed by the First Amendment."
Of course, this is actually more complicated than that: It dates back to when the city passed the Houston Equal Rights Ordinance, which provides protections to city's LGBT community. Led by some of the subpoenaed pastors, organizers collected signatures to try to repeal the ordinance through a referendum.
As The Washington Post explains, "supporters of the repeal reportedly gathered 50,000 signatures, well over the 17,269 needed for inclusion on the November ballot." But the city threw out thousands of them, saying they were invalid, and that meant the question was removed from the ballots.
A group of Christians sued Houston and in response, the city issued subpoenas for the sermons and communications of five pastors that the city said could help prove their case in court.
The Houston Chronicle reports that after the uproar, the city decided to remove the word "sermon" and narrow the scope, but the gist of the subpoena still stands.
The paper reports:
Essentially, the city is arguing, if pastors, for example, encouraged their congregations to sign petitions or gather signatures, that type of speech is not protected.
It's still not clear whether religious groups will be satisfied with the narrowing of the subpoena. The city of Houston is not enforcing the provision, pending the outcome of litigation.