The thing is though, none of that is illegal, nor does it invalidate the signatures on the petition. Say the ministers in question did state outright (forget implying, inferring, or any such subtle steering) in their speeches, sermons, or presentations that any non-heterosexual arrangement is sin, that the mayor is a (insert nastiness of choice), that HERO is nothing but the lies of the devil put to paper and every single God-fearing person within the sound of their voice must in good conscience do all in their power to get HERO repealed. Just say that's exactly what each and every piece of subpoenaed material says. They still have a right to say it. The people still have a right to hear it, and decide to ignore or support as they choose. People who hear those words, agree, and sign the petition accordingly are acting according to their beliefs, and their signatures are valid. Nobody threatened them or bribed them with money or goods or services, they signed because they believed it was the right thing to do. Slimy and unethical and disgusting? Absolutely. Illegal or invalid? Not so much. Given that we're talking about public addresses and presentations (as opposed to an individual following someone about and shouting slurs and threats at them, for example), it's still a constitutional freedom for people to believe what they wish and say so in a public forum. I may not like what I hear, but they have a right to say it. The problem with "cracking down on hate speech" in this context is that you start getting awfully close to defining what is or is not legal to say. That is not a precedent we want to set, not over this, not over anything. Just because it's "basic lawyering" and thus normal and expected doesn't make it okay. In this situation, the system is doing exactly what it's designed to do and restricting overly ambitious lawyers to material that is actually relevant.
So, it turns out that the 5 pastors subpoenaed were involved with gathering signatures for a petition to revoke the recent LGBT ordinance. Right wing media has drastically distorted the story. Truth trumps outcry over sermon subpoenas - Houston Chronicle
