The San Antonio City Council is considering an ordinance that would effectively ban anyone that has opposed homosexuality from being involved in city government. It would add “sexual orientation” and “gender identity” to discrimination ordinances. And it would also ban anyone who has ever opposed homosexuality. Proponents of religious liberty fear that if passed it could have many negative effects.

Individuals that hold a biblical view of sexuality and marriage can be barred from involvement with city government. Churches could be forced to allow their facilities to be used for same-sex civil unions. Business owners could be sued and fined for not providing benefits to unmarried same-sex couples.

As you might expect, lots of people attended the public hearing on this ordinance and expressed their opposition. Senator Ted Cruz issued this statement. “Any attempt to bar an individual from public service based upon a personal religious conviction is contrary to the liberties guaranteed us under our constitution and should be emphatically opposed. It is encouraging to see so many Texans standing up to defend their religious freedoms in light of the misguided proposal put forth by the local city council.”

It is hard to imagine that this ordinance will be enacted. If it is, there are obvious legal challenges. The ordinance violates the First Amendment freedom of religion and freedom of speech. It also violates the Texas Religious Freedom Act by infringing on religious liberty while not providing a compelling need for the law and not using the least intrusive way to address the issue. It also fails to provide any protection for religious organization, non-profit organizations, and businesses.

You may wonder why the city council is so bold to even propose such an ordinance. You need look no further than the recent Supreme Court ruling on DOMA, Proposition 8, and same-sex marriage.