The court battles between the mayor of El Paso, Texas, and local pastors continue over a recall election petition drive.
The situation began when the El Paso city council approved domestic-partner benefits for the partners of homosexual city employees. Voters were upset at the decision and successfully conducted a petition drive to put it on the ballot and then, via the ballot, reversed the city's actions.
The city council responded by reinstating the benefits, which prompted several churches to participate in a petition drive to recall the mayor and two city council members. The mayor then made the next move, taking church leadership to court and to a grand jury for violating a state law that bars churches from participating in recall petition drives.
Alliance Defending Freedom senior counsel Joel Oster filed suit in federal court.
"The odd thing about this case is the federal court looked over the situation and said there's absolutely nothing illegal or wrong with a church circulating and distributing recall petitions," says Oster. "So in essence, the court upheld our theory of the case and we think it's going to be great for us in the state court action."
The ruling does give El Paso church leaders hope in a challenge before the Texas Supreme Court.
"A federal court has agreed that churches do have a First Amendment right to speak out on important matters of the day and they cannot be silenced simply because they are the church," Oster states.
Meanwhile, the El Paso district attorney convinced a grand jury to look into criminal charges against the church leaders involved.