Williams v. Parker, No. 15-20756 (5th Cir. 2016)Annotate this Case
A group of Houston-area pastors and a council representing the interests of Houston-area pastors challenged the dismissal of their claims against Annise Parker, the former mayor of Houston. This case stemmed from a heated dispute surrounding the Houston Equal Rights Ordinance ("HERO"), enacted by the city council in 2014. HERO was controversial; its supporters claimed it was a garden-variety non-discrimination ordinance mainly designed to prohibit discrimination against lesbian, gay, bisexual, and transgendered ("LGBT") persons, while its opponents maintained that it granted LGBT individuals special privileges and that, to avoid rejection, it was rammed through the council instead of being put to referendum. The district court found, variously, that plaintiffs lacked standing, that they failed to state a claim under Federal Rule of Civil Procedure 12(b)(6), that they failed to show Parker was not immune from suit, and that res judicata barred their claims. Because the claims are non-justiciable, the Fifth Circuit affirmed the dismissal.