Webre cautioned the court about the potential consequences of an unrestricted interpretation of the amendment, pointing to questions raised by state legislators regarding the handling of practices at the Yearning for Zion Ranch, a polygamist church raided by the state in 2008. She argued that strict scrutiny was applied in those cases to ensure that public safety concerns were addressed while respecting religious freedoms.
The 2021 constitutional amendment, which is part of Article I, Section 6 of the Texas Constitution, was introduced in response to the COVID-19 pandemic when religious services were disrupted due to government-imposed restrictions. Webre emphasized that the amendment’s primary intent was to prevent discrimination against religious services, particularly during the pandemic when churches were closed and attendance was capped. In this context, she argued that the amendment was not intended to prevent the city from managing its public spaces for health and safety purposes.