The AFA Suddenly Decides The First Amendment Applies To More Than Just Congress

It seems as if the entire Religious Right is in high dudgeon right now over a situation in which lawyers representing the city of Houston sought to subpoena sermons from local pastors as part of a lawsuit filed by anti-gay activists in response to the rejection of their petitions calling for a referendum on a newly enacted anti-discrimination ordinance.

The city has already backed down, but that is not stopping Religious Right groups from hammering away at city officials and using the issue to promote their persecution complex, even if doing so undermines their own previous stances, as it does with groups like the American Family Association.

Today the AFA climbed on board the outrage bandwagon, sending out an action alert slamming Houston Mayor Annise Parker and urging activists to contact her to voice their outrage over this purported violation of the First Amendment:

The mayor is demanding that sermon notes, emails, videos, and any negative comments about homosexuality or the mayor herself, be turned over to her. If the pastors refuse, the mayor has threatened to charge them with contempt of court and possible fines or jail time.

...

The mayor is using intimidation, threats and bully tactics in an attempt to silence anyone who will not embrace her lesbian lifestyle.

Does the First Amendment mean nothing to Mayor Parker? Does religious freedom and freedom of speech mean nothing to Mayor Parker? Does the people’s petition process mean nothing to Mayor Parker?

This is a rather odd position for the AFA to take since Bryan Fischer, the AFA's Director of Issue Analysis for Government and Public Policy and the organization's primary spokesperson, has repeatedly gone on record stating that the First Amendment only applies to Congress.

In addition to asserting that the First Amendment only protects Christianity and not other religions like Mormonism or Islam, Fischer also insists that the First Amendment was designed only to constrain Congress, which means that state and local government are not bound by its language prohibiting the establishment of an official religion or interfering with its free exercise.

Fischer has made this case time and again while arguing that local government are free to discriminate against non-Christian religions or appear to explicitly endorse Christianity, asserting that both are perfectly constitutional since the First Amendment applies only to Congress:

First, the amendment applies only to Congress. "Congress shall make no law..." No other entity is restrained by the First Amendment. Since the amendment applies only to Congress, it is legally, historically and constitutionally impossible for a state, a county commission, a city council, a school board, a school principal, a school teacher or a student to violate the First Amendment. This is for one simple reason: none of them is Congress. Violating the First Amendment is something only Congress can do.

If the First Amendment only applies to Congress when it comes to establishing or discriminating against religion, as Fischer contends, then logically it must also only apply to Congress when it comes to restricting the free exercise of religion. And if that is the case, then city officials in Houston could not have possibly violated the First Amendment rights of local pastors by subpoenaing their sermons due to the simple fact that they are not Congress.

Fischer has repeatedly said on his AFA radio program and written on the AFA's website that "violating the First Amendment is something only Congress can do." If that is true, then why is the AFA now fuming about city officials in Houston supposedly violating the First Amendment, since that is not even technically possible, according to the organization's primary spokesperson?

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