Paul Wilczynski's Observations

Public Expression of Religion Act (H.R. 2679)

Findlaw describes this bill, which is intended to protect public displays of religion by disallowing the payment of legal expenses to organizations which oppose such displays.

Recently, Rep. John Hostettler (R-IN) introduced the Public Expression of Religion Act of 2005 (PERA). PERA enjoys the support of forty-five other sponsors (all Republicans save one), and of the American Legion. James Madison, however, must be rolling over in his grave.

PERA is a creative attempt to forestall Establishment Clause attacks on public displays of religion - from statues and plaques of the Ten Commandments placed at courthouses, to government placement of religious symbols such as crosses and menorahs in public areas. Indeed, PERA's language goes so far that it could even protect government-sponsored sectarian prayers from Establishment Clause challenge.

If enacted into law, PERA would forbid awards of damages, and awards of attorneys' fees in cases involving the Establishment Clause. As a result, such lawsuits would end, at most, in injunctions - and plaintiffs' lawyers would have to accept the cases on a pro bono basis, or not at all.

Americans United is one of the many organizations opposing this bill.

“This bill is a punitive measure clearly designed to scare Americans from participating in church-state cases,” said Barry W. Lynn, executive director of Americans United. “It would have a chilling effect on every citizen’s right to access our courts and would be particularly harmful to religious minorities.”

Even though there are references to the year 2005 in the title, the information provided was published in June, 2006.

posted by Paul Wilczynski @ 10:07 AM