Payouts could be limited in Establishment Clause disputes

Payouts could be limited in Establishment Clause disputes
U.S. House approves plan to ban attorneys' fees in lawsuits over religion

An activist organization is praising the U.S. House of Representatives for passing a proposal that would limit taxpayers' payouts in Establishment Clause lawsuits over issues dealing with the public display of the nation's religious heritage.

But the group also is criticizing the 166 Democrats and handful of Republicans who opposed it.

Don Swarthout, a spokesman for Christians Reviving America's ValuEs, told WND that the recent approval by the House of the Public Expression of Religion Act of 2005 is a step in the right direction.

The proposal would amend the 1976 law awarding attorney's fees to successful litigants in federal cases by restricting those fees when the case cites the Establishment Clause.

"The 1976 Civil Rights Attorney's Fee Awards Act was much needed legislation, but in recent years, certain groups have abused the congressional intent of this law in Establishment Clause lawsuits against the Boy Scouts, the Ten Commandments, and now veterans memorials," said Thomas P. Cadmus, national commander of the American Legion.

"Our Founding Fathers made every daily decision based upon the principles of Christianity. Today we seem to be afraid to talk about faith because it might not be politically correct, but in fact it is politically correct to be allowed to discuss our faith," said Swarthout.

Under the original plan provisions, the American Civil Liberties Union has been given $950,000 of taxpayers' money in San Diego for raising complaints about the Boy Scouts using a park, $549,000 from the taxpayers in Alabama for demanding that a Ten Commandments monument be removed from a courthouse, more than $106,000 in Virginia because libraries were preventing children from accessing pornography, and $63,000 in Indiana for just threatening a lawsuit over another Ten Commandments monument, officials said.

The change would prevent many of those payments, officials said.

The bill still would allow for costs of lawsuits, but the huge fees awards that have happened in the past no longer would be there.

"When out-of-court settlements are more cost effective than the judicial process, then the system is clearly broken," said Cadmus.

"Each time the threat of outrageous attorney fee awards by the courts drives an out-of-court settlement, Lady Justice receives another 'black eye' and justice is defiled," added Joseph E. Caouette, chairman of Americanism.

The CRAVE website notes that the ACLU has battled for abortion on demand, for pro-homosexual school curriculums, free access to pornography, legalized drugs and prostitution, and also supports censorship of the Ten Commandments, mandatory sex education, nudist camps for teens and the public funding of profane art.

However, it opposes Christian home schooling, parental consent laws, sobriety checkpoints, using religious symbols for historic reasons and pro-life demonstrations.

Swarthout said it is ridiculous for an organization with 400,000 members and an income of about $45 million a year to be given such awards.

The bill, HR2679, was approved on a 244-173 vote, mostly along part lines with 218 Republicans voting yes and 166 Democrats voting no.

"It seems that just the fact that 166 Democrats voted against this bill indicates that Democrats are opposed to the Freedom of Religion portion of our First Amendment," the organization said. "In fairness, 26 Democrats voted for this bill which indicates that a few Democrats were willing to be honest with themselves about this question."

"I personally want to thank John Hostettler, Republican from Indiana, for creating this bill," said Swarthout. "This bill will stop the ACLU's abuse of the Civil Rights Act and it is about time. We need to return to the beliefs of our Founding Fathers in order to turn America around before it is too late."

"The real truth of the matter is that religion will always be a part of our nation because we cannot separate government and religion from each other. The principles of good government and the principles of Christianity are exactly the same principles. The fact that we have turned our back on God is at the root of our problems in America today," he said.