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Re: Houston Mayor orders pastors to turn over sermons about gays, gender and... the m
Gathering more information to support your position is what is done in these cases. Neither side is supposed to just be limited to what they start with. They can get more information, including through subpoenas.
I do respect the reseach you have done on this. I also think you have the wrong approach to the burdens of proof.
At the end of the day:
- the government took punitive action against a group opposed to their policy (Hey, these signatures are not valid, so your petition fails)
- The action was evidently based on vague accusations from a private group also opposed to the churches ("We purportedly heard a sermon say "X", but we are not sure which one it was")
- The goverrnment's actions then get challenged.
-Rather than say "Our actions were justified because we have specific information, show us A, h, and p", the government says: "Ok, we"ll fish around a-z and we"ll see if we can find anything that justifies our actions... ."
Basically, when the government takes a punitive action against an oppostion group- even a mild action, they need to do so based on specific information. Not, well take the action, then scramble to justify it by shaking them down.
Gathering more information to support your position is what is done in these cases. Neither side is supposed to just be limited to what they start with. They can get more information, including through subpoenas.