The controversy stems back to November 2010, when El Paso voters, by popular petition, passed an ordinance prohibiting the city from extending benefits to unmarried domestic partners, which would include homosexual couples.

Yet certain members of the city council voted to rescind the ordinance passed by the voters, and the mayor approved. The move prompted a grassroots campaign – including church members and leaders – to circulate a petition demanding recall of the offending city officials.

Mayor Cook then filed suit alleging the Word of Life Church of El Paso, Pastor Tom Brown, ElPasoans for Traditional Family Values and others violated Texas election law by circulating the petitions, which succeeded at prompting a recall election scheduled for next May.

Specifically, the Texas Election Code states: "A corporation or labor organization may not make a political contribution in connection with a recall election, including the circulation and submission of a petition to call an election."

And while ADF argues church members distributing a petition is not a "political contribution," Americans United reported the effort to the IRS, claiming "federal law prohibits non-profit groups from intervening in elections."

Americans United also sent a letter to the state attorney general, enclosing a copy of its complaint to the IRS and requesting a state investigation as well.

Furthermore, the El Paso Times reports, several lawyers and "experts" see the case as a potential opportunity for the U.S. Supreme Court to clarify its controversial 2010 decision, Citizens United v. Federal Election Commission.

The Citizens United decision opened the door for corporate political expenditures but has left several of the attorneys the Times quoted questioning how it should be applied.

"This is a very live question," Richard Briffault, a Columbia University law professor told the Times. "It could go either way."

Attorneys for the churches argue, however, that the mayor is misapplying the law in an attempt to "silence" those who want him recalled.

"The recall petitions were circulated and submitted in full accordance with the law," said Oster, "and [Mayor Cook] cannot stop the election just because he doesn't like the fact that some groups participated in a legitimate effort that he doesn't favor."

The ADF lawsuit insists that Jesus Chapel and Pastor Hoyt merely want to be able to "fully participate as citizens within the community, including circulating petitions to hold recall elections, without fear of punishment arising from the enforcement of an unconstitutional state election law against them."

ADF attorneys are seeking an injunction that bars Cook from using the law to stop the church from circulating recall petitions. The suit also requests a declaration that the law itself is unconstitutional.