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Defeat the Public Expression of Religion Act
The House of Representatives is expected to vote this week on the misleadingly named Public Expression of Religion Act. This act would mirror its Senate counterpart, and prevent recovery of litigation fees for plaintiffs who successfully sue over First Amendment Establishment Clause issues. This would be an unfair distinction between those plaintiffs fighting for separation of church and state, and successful civil rights plaintiffs in other cases. This sort of stealth attack on the First Amendment should be stopped! Please tell your representatives to vote against this bill and to continue to preserve the wall of separation that Jefferson and Madison fought so hard to create in the First Amendment.
Dear [ Decision Maker ] , I am writing to ask you to vote against the ill-named and ill-advised Public Expression of Religion Act, HR 2679. This act would unfairly, and unconstitutionally discriminate among successful litigants in church-state, First Amendment litigation, and those who fight in other ways to preserve the Constitution and defend our civil rights. There is no reasonable basis to prevent those who succeed in this type of action from receiving litigation and attorneys fees for taking it upon themselves to defend constitutional liberties, when others who do so in other sorts of actions are entitled to those fees. It is nothing more than an affront to religious liberty, which includes the right to be free from state-supported expressions of religion, and this act must be voted down. I am asking all my friends who share the same concerns for constitutional rights to write to their congress-members as well. Thank you for standing up for the essence of our secular republic.
Sincerely, |
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| Background Information |
Ordinarily, civil litgants who sue to defend constitutional rights are entitled to recover litigation expenses and attorney fees if they prevail. When citizens take upon themselves the courage and civil duty to defend the Constitution through a legal action, they ought not to bear the costs if the courts find that they are right. The act being considered in the House right now would take away, for only this type of litigation where plaintiffs seek to defend the wall of separation, the right to collect the litigation and attorney fees they have spent. This act seeks to chill such litigations, and dissuade citizens from seeking Constitutional redress for affronts to the First Amendment. It is unfair, and wrong, and should be defeated.
