Baptists support Texas law regulating porn sites
NASHVILLE (BP)—Texas Baptists’ Christian Life Commission, in conjunction with the Ethics and Religious Liberty Commission of the Southern Baptist Convention and the Southern Baptists of Texas Convention has filed an amicus brief in an upcoming Supreme Court case which will consider a Texas law requiring adult websites to verify the age of their users.
The law in question, Texas House Bill 1181, requires websites to verify the age of their users if at least one-third of their hosted content is considered “harmful to minors,” such as pornography. The law also requires such websites to include a warning describing the harmful medical and societal effects of pornography consumption.
The case, Free Speech Coalition v. Paxton, will rule on whether or not the legislation violates the First Amendment by placing a burden on adults’ access to content the plaintiffs believe is protected by free speech.
It involves an adult industry trade organization—Free Speech Coalition—and other plaintiffs suing the State of Texas to prevent the law from taking effect. Texas Attorney General Ken Paxton is named as the defendant in the case.
ERLC amicus brief
The ERLC filed an amicus brief Friday, Nov. 22, in conjunction with the Baptist General Convention of Texas and Southern Baptists of Texas Convention.
The brief explains the advent of free access to pornographic content via the internet should cause the High Court to examine what guidelines should be in place to protect minors.
“The exhibition and distribution of media containing obscene portrayals of sexual conduct is nothing new in America,” the brief states.
“But in the grand scheme of history, what is relatively new is the ubiquitous access that the internet provides to such materials. This gives rise to a host of moral, social, and health concerns, not the least of which is minors’ access to these materials.”
HB 1181 was passed in June 2023. A group of pornography companies, led by Free Speech Coalition, filed a lawsuit a month later to prevent it from going into effect.
BGCT and SBTC support
Baptists in Texas are committed to protecting children, which led to both state conventions’ participation in the brief.
John Litzler, director of public policy and general counsel for the BGCT, said: “In an effort to have courts strike down the age verification law, the pornography industry claims their content is protected by the fundamental right to free speech.
“They are wrong. While Texas Baptists are strong proponents of free speech rights, those rights do not include the freedom to provide pornography to minor children. We are grateful for the opportunity to link arms with our SBC and SBTC brothers and sisters to support the important and constitutional work the Texas Legislature has done to protect children in our state.”
“Churches must always fiercely stand up to protect our children from sexual immorality and pornography,” said Nathan Lorick, executive director of the SBTC.
“The SBTC signed on to this amicus brief because we believe that not only is pornography wrong, offering it to children is atrocious. We support age verification and are grateful for all who have worked to protect our children.”
Texas Attorney General
A district court granted the group’s preliminary injunction, but the Texas Attorney General’s office appealed the ruling, and the injunction was vacated by the 5th Circuit Court of Appeals.
Paxton applauded the decision of the 5th Circuit to uphold the law.
“Texas has a right to protect its children from the detrimental effects of pornographic content,” Paxton said in a press release last year. “As new technology makes harmful content more accessible than ever, we must make every effort to defend those who are most vulnerable.”
The challengers came to the Supreme Court in April of 2024 asking them to intervene, and in October the High Court announced it would take up the case as part of its January term.
U.S. Supreme Court to weigh in
The Supreme Court’s decision will rely on how it determines whether a user’s First Amendment rights have been violated.
The choice is between two methods or tests of interpretation known as the “rational basis” review or the “strict scrutiny” test.
The rational basis method, which was used by the lower court in its decision, looks at whether the law is rationally related to a legitimate government interest.
The challengers argue the strict scrutiny method should be applied instead, which would mean it is up to the government to demonstrate age-verification is the only solution to protect minors from harmful content.
SBC stance
The ERLC’s brief appealed to the 2001 SBC resolution “On The Plague Of Internet Pornography” and the Baptist Faith and Message 2000 to illustrate Southern Baptists’ stance on the dangers of pornography, especially for minors.
“Southern Baptists believe that God gave all of humanity free choice when it comes to questions of morality. But minors often lack the developmental capacity or moral maturity to know how to exercise that free choice responsibly,” the brief continues.
“Thus, Southern Baptists believe it is important to structure society and society’s rules to maximize the ability to educate and train minors on their social and moral responsibilities. … And the States certainly have an important role to play in this process.”
The brief argues the lower court was correct in using the rational basis review method, and the challengers’ argument lacks historical context regarding the First Amendment.
“As originally understood, the First Amendment existed primarily to protect political speech and speech on matters of public concern,” the brief states.
“It was not originally understood to protect obscene expression, especially when such expression might be received by minors. To the contrary, it has been understood from the beginning of the Republic that States have broad discretion to use their police-power authority to protect minors from such expression. The Constitution has long given State policymaking a wide berth in this regard … Given this historical context, rational-basis review is the proper standard here.”
The Supreme Court will hear the case Jan. 15.










Mike Melcher of Plainview, former director of advancement at Wayland Baptist University, died Nov. 4 in Dallas. He was 72. Phillip Michael Melcher was born March 3, 1952, to Louie and Iris Cloninger Melcher in Slaton. After he graduated from Slaton High School, he attended Texas Tech University, where he graduated with an undergraduate degree in business administration. After working briefly in banking, he began his career in the car sales business. He was owner and operator of Melcher Chevrolet in Littlefield from 1983 to 1988. While working at Gary Ritter Autoplex in Brownfield, he met and married Debra Graham. His other business enterprises included owning the Glass Slipper, where he sold shoes; Cake Lady, where he could be seen baking; and the Hot Cracker, where he was often in the kitchen preparing the meals. He began working in the Wayland Baptist University advancement office in 2006. He became director of advancement in 2012, serving in that role until he retired in 2023. In 2018, the Lubbock Association of Fundraising awarded Mike as the Outstanding Fundraising Professional of the year. While at Wayland, he earned a Master of Business Management degree. He was instrumental in bringing the Jimmy Dean Museum and the Jimmy Dean Musical Festival to Plainview. He was awarded Wayland’s highest honor, the President’s Award, in April 2023. For seven years, Mike and Deb Melcher owned and operated the President’s House Bed and Breakfast in Plainview. He held office and volunteered with the Lions Club in Littlefield, Lubbock and Plainview, and he served as a member and director of the Great Plains Lions Eye Bank board. He was preceded in death by a grandson, Barrett Bohn, and a brother, Larry Melcher. He is survived by his wife Deb Melcher of Plainview; son Wes Melcher of Prosper; son Russell Melcher and his wife Elizabeth of Canyon; daughter Kaci Bohn and husband Lee of Canyon; six grandchildren; and brothers Ken Melcher and Joe Melcher. The family will receive friends from 6 p.m. until 7:30 p.m. Friday, Nov. 22, in the chapel at First Baptist Church in Plainview. A celebration of life service will be held at 2 p.m. Nov. 23 in the Harral Auditorium on the Wayland Baptist University campus. Memorial gifts can be made to the 