Former Houston Mayor Annise Parker drew national outrage in 2014 when attorneys for the city of Houston subpoenaed sermon notes and audio from pastors who had organized a petition to force the Houston Equal Rights Ordinance (HERO) to a public referendum. Pastors who organized the petition said the HERO ordinance violated religious freedoms.
The pastors had collected the signatures needed, but several thousand were rejected when it was discovered that one of the pastors who collected the signatures was not a registered voter. With the signatures disqualified, the petition failed, and HERO was set to be enacted.
That’s when the pastors sued, and during the discovery phase of the suit, lawyers representing the city subpoenaed the pastors’ sermon notes to see if those pastors had violated the law by discussing, promoting, or giving instructions regarding the petition during worship services.
The resulting fallout had pastors, pundits and politicos criticizing the city of Houston to the point that Mayor Parker ordered the city’s attorneys to withdraw the subpoena. The pastors scored a victory, which led to a legal victory, which led to an electoral victory when Houston voters overwhelmingly rejected HERO.
Sunday, at Grace Community Church in The Woodlands, Governor Greg Abbott and Lt. Gov. Dan Patrick took a victory lap as the governor held a bill signing ceremony for SB 24 during worship services. SB 24, authored by Sen. Joan Huffman (R-Houston), prohibits local and state government entities from subpoenaing sermon notes, audio or video from pastors, and further prohibits those pastors from being forced to testify about their sermons.
The bill, seen as a response to Houston’s 2014 subpoena, went into effect immediately, however, the way the governor signed the bill reignited the debate over the separation of church and state.
Current law prohibits churches from influencing political elections, or the passing of legislation. While churches can weigh in on issues (such as abortion or same-sex marriage), they cannot lobby in favor of legislation on those issues, nor can they endorse candidates who support their views on the issues.
While President Donald J. Trump’s recent executive order instructing the IRS to stop enforcing the law that bans church involvement in the political process, critics note that the executive order can just as easily be reversed in the next Presidential administration, exposing politically active churches to prosecution, or loss of their tax-exempt status.
The separation of church and state is one of the pillars that upholds the freedom of the American republic. Historically, whenever the church takes control of the government, persecution against non-adherents follows. Whenever the government takes control of the church, blasphemy and heresy follow. Both situations become ripe with corruption.
That’s why Rev. John Leland, a Baptist pastor who preached in Virginia and Massachusetts, strongly advocated for the separation of church and state, supported James Madison, and was instrumental in promoting the passage of the First Amendment to the U.S. Constitution.
In promoting the separation of church and state, Leland wrote:
Every man must give account of himself to God, and therefore every man ought to be at liberty to serve God in a way that he can best reconcile to his conscience. If government can answer for individuals at the day of judgment, let men be controlled by it in religious matters; otherwise, let men be free.
That was the goal of the separation of church and state. Churches would not run the government. Government would not run the churches. Man would be free to serve God in a way that satisfied his conscience.
Churches should participate in the market place of ideas. When government seeks to regulate religious speech, it seeks to take control over the church. However, if churches become “dark money” organizations for political parties, they have not only violated the separation of church and state, they have also deviated from their God-given mission.
Furthermore, any law that forces a man to violate his religious conscience is a law that violates the very essence of man, and the three founding principles of our nation. So, with SB 24 in place, and Gov. Abbott’s and Lt. Gov. Patrick’s victory lap behind us, let us press onward to a world where man is free to believe, churches are free to preach, and where government governs well, and as little as possible.
Leland Acker 