he House of Representatives approved a controversial measure on Tuesday to penalize litigation in First Amendment establishment clause by denying attorney fees, even if the government was found to be at fault. The measure, HR 2679, was introduced as the "Public Expression of Religion Act" and sponsored by Rep. John Hostettler,(R-Ind). The vote was 242-173. American Atheists and other separationist organizations have opposed the legislation warning that it would place a chilling effect on both advocacy groups and private citizens seeking to check rampant government promotion of religious faith.

   During debate earlier in the day, Hostettler and other supporters of the bill hammered away and what they described as "extortionist" fees awarded to attorneys engaged in litigation over establishment clause issues.

   "The Los Angeles County Board of Supervisors was told by the ACLU that if they did not remove the tiny cross in the county seal, the county would be sued by the ACLU, the ACLU would probably win, and the country would not only have to pay its attorneys' fees in the lawsuit, it would have to pay the ACLU's as well," Hostettler declared. He added that the costs could run as high as $1 million in legal compensation, and that "ACLU did this without darkening the doorstep of a federal courthouse, and that needs to be changed."

   Other supporters of PERA stated that the bill had nothing to do with limiting citizens' access to the legal system, and instead merely "closed the door to the public treasury." Rep. Joe Pitts (R-Pa.) said that passage of HR 2679 "would be a win for those of us that understand our Constitution guarantees freedom of religion, not freedom from religion."

   Opponents of the measure such as Rep. Jerold Nadler of New York charged that those backing PERA were "misrepresenting" the real issues involved, and reminded lawmakers that if passed, the bill would make establishment clause cases the only area of constitutional law where legal fees were restricted.

   The vote tally was pretty much along partisan lines, with 218 Republicans and 26 Democrats voting for the measure. Only 6 GOP members broke with party leadership to oppose the bill.

   PERA now moves to the U.S. Senate where it is expected to face stiffer opposition. Sen. Sam Brownback, R-Kan. has introduced companion legislation there. The bill is S.3696.

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