acroyear | Stop HR 2679

Dispatches from the Culture Wars: Stop H.R.2679:

The House Judiciary Committee held hearings yesterday on HR 2679, the "Public Expression of Religion Act of 2005." This bill is being pushed heavily by the religious right because it would prohibit the awarding of legal fees to successful plaintiffs in establishment clause cases. Currently, if you sue the government for a constitutional violation and are successful - if the court agrees that the government has acted unconstitutionally - the judge, at his or her discretion, may order the agency that violated the constitution to pay reasonable legal fees for the other side. This is mandated in Federal law under 42 U.S.C. § 1988. HR 2679 would leave that in place, but exempt only one type of lawsuit from that rule - lawsuits based on establishment clause grounds.