Houston Judge Nixes Bid to Ban Library's 'Drag Queen Storytime' on Religious Grounds
A Houston federal judge has rejected an unusual attempt by a group of religious activists to ban “Drag Queen Storytime” at a public library based…
January 07, 2019 at 04:02 PM
4 minute read
The original version of this story was published on Texas Lawyer
A Houston federal judge has rejected an unusual attempt by a group of religious activists to ban “Drag Queen Storytime” at a public library based on their claim that the event violated the First Amendment by advancing a purported religion: secular humanism.
According to the decision in Christopher v. Lawson, the dispute centers on the events held last year at Houston's Freed-Montrose Neighborhood Library, which were advertised as appropriate for all ages and including “vibrant Queens who will help instill a sense of love and acceptance in our children while encouraging them to be true to themselves.”
Religious activists demanded that the library terminate Drag Queen Storytime, first by alleging that the event violated community decency standards. The library officials refused, noting that American public libraries have historically been on the front lines of promoting inclusivity and dispelling intolerance.
The activists responded by filing a complaint before Lee Rosenthal, chief judge of the Southern District of Texas, seeking to ban the event based on claims that Drag Queen Storytime advances a religion in violation of the Establishment Clause of the First Amendment. In the complaint, the activists argued that the library is a public place and used government funds to promote an event they allege was nonsecular because the LGBTQ community is associated with a religion—secular humanism.
Specifically, the complaint alleged that the library violated the establishment clause by advancing secular humanism over other religions, including Christianity.
The defendants, including the executive director of the library and Houston Mayor Sylvester Turner, moved to dismiss the plaintiffs' complaint for failure to state a claim.
In her decision, Rosenthal concluded that the plaintiffs did not have standing to file the case because they could not prove they had been injured by Drag Queen Storytime.
“The plaintiffs are using this case—and similar cases filed in other jurisdictions—to protest the gay-rights movement and the legal rights federal courts have recognized for members of the LGBTQ community,” Rosenthal wrote. “The plaintiffs also allege that they have been 'libeled, harassed, targeted, and ostracized online and in person because [they] have spoken out publicly [that] homosexual orthodoxy is a religion.'”
“The plaintiffs lack standing because, as the defendants correctly argue, 'eliminating [Drag Queen Storytime] will not cure their perceived feelings of persecution,'” Rosenthal wrote.
Rosenthal also concluded that the plaintiffs had failed to state a constitutional claim because “even accepting that secular humanism could be a religion for Establishment Clause purposes, the plaintiffs fail to allege any facts or basis showing that 'Drag Queen Storytime' is a religious activity.”
“There is no allegation that a reader discussed secular humanism at the event, or that any story the library selected invoked secular humanism or any religion at all,” Rosenthal wrote, dismissing the plaintiffs' case with prejudice. “The plaintiffs instead make only conclusory statements associating secular humanism with the event. The statements are not entitled to be taken as true.”
Eric B. Dick, a Houston attorney who represents plaintiff Tex Christopher in the case, said the plaintiffs will likely appeal Rosenthal's decision.
“Judge Rosenthal is an interesting judge and I have nothing but respect for her,” Dick said. “But when you're a federal judge and you're there for life you can of do whatever you want to do. I think she wasn't interested in the case and she chose to find there wasn't standing.”
Alan Bernstein, director of communications for Turner, declined to comment to the ruling but referred to a statement the mayor issued last year in which he called the lawsuit “frivolous.”
“We acknowledge and celebrate that diversity in all its dimensions,” Turner said in the statement. “As mayor of this city I want us to be diverse and inclusive and I want to live in a city where people can be who they are and we can be tolerant of people 's opinions, ideologies, sexual orientation, ethnicities, religion and cultures.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: Simpson Thacher and ACLU Team To Challenge Louisiana's Ten Commandments Law
A Reporter and a Mayor: Behind the Scenes During the Eric Adams Indictment News Cycle
Even With New Business Courts, Texas Is a Long Way from Taking Delaware's Corporate Law Mantle
5 minute readTrending Stories
- 1Biden commutes sentences for 37 of 40 federal death row inmates, including two convicted of California murders
- 2Avoiding Franchisor Failures: Be Cautious and Do Your Research
- 3De-Mystifying the Ethics of the Attorney Transition Process, Part 1
- 4Alex Spiro Accuses Prosecutors of 'Unethical' Comments in Adams' Bribery Case
- 5Cannabis Took a Hit on Red Wednesday, but Hope Is On the Way
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250