Senator Brownback On Public Expression Of Religion Act

Posted on August 4, 2006

Agape Press has an article that shows Senator Brownback’s viewpoint on the Public Expression of Religion Act he is sponsoring.

Some U.S. senators this week have heard testimony from both sides on a piece of legislation that would strip legal fees from church-state lawsuits. Such legal victories, often described as “Establishment Clause” cases, have provided the American Civil Liberties Union with millions of dollars in profits as it pursues numerous cases challenging public displays of religious belief in America.

Senator Sam Brownback (Rep.-KS) says public officials who fear costly litigation often cave in to the mere threat of lawsuits alleging violation of the separation of church and state. That is why he is sponsoring a Senate bill that would block plaintiffs from collecting attorneys fees for lawsuits alleging “establishment of religion.”

The Public Expressions of Religion Act (PERA) (S. 3696) was the topic of discussion at hearings on Wednesday (August 2) before a Senate Judiciary subcommittee on the Constitution, Civil Rights and Property Rights. The U.S. House is considering similar legislation (H.R. 2679) that is sponsored by Indiana Congressman John Hostettler. Brownback has made it clear in recent weeks that if groups like the ACLU want to sue city after city for displays of religious images, it should be on their own dime — not at taxpayers’ expense.

At yesterday’s hearing, Brownback said attorneys fees should not be awarded to plaintiffs who file lawsuits alleging violation of separation of church and state. “Many jurisdictions simply acquiesce to the demands of the ACLU and prohibit all displays of religious faith in order to avoid the potential expense of litigation,” the senator said. “Legal fees is the threat that the ACLU uses.”

Such fees, he said, were never meant to be awarded in cases charging government with establishment of religion. “Congress’s intent in passing the fee-shifting statute in 1976 was to prevent racial injustice and discrimination,” the lawmaker pointed out. “Thirty years later these laws are being used simply to purge religious faith — and symbols of any faith — from our society at taxpayer expense.”