Bill Would Keep Taxpayer Funds from ACLU

An attorney who once worked for the American Civil Liberties Union has slammed the organization for "perverting" federal law by successfully threatening government officials into getting rid of public expressions of religion.

Rees Lloyd made the comments in an online podcast hosted by Rep. John Hostettler, R-Ind., in which the two discuss the congressman's legislation, the Public Expression of Religion Act, or PERA (H.R.2679). The bill would prohibit judges in civil suits involving the First Amendment's Establishment Clause from awarding attorney's fees to those offended by religious symbols or actions in the public square – such as a Ten Commandments display in a courthouse or a cross on a county seal.

Hostettler's proposal would amend the Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. Section 1988, to prohibit prevailing parties from being awarded attorney's fee in religious establishment cases, but not in other civil rights filings. This would prevent local governments from having to use taxpayer funds to pay the ACLU or similar organization when a case is lost, and also would protect elected officials from having to pay fees from their own pockets.

Said the lawmaker: "When officials see the potential threat of a lawsuit, they stop allowing children to write papers for English class – when they're asked to write about the most important person in their life and they decide to write about Jesus Christ."

Hostettler's bill would allow cases to move through the courts without public officials worrying about being held personally liable for thousands in attorneys fees.

As the situation stands there is no risk to the ACLU or anyone else to bring suit to claim injury by religious expression. If they win in court all attorney fees can be awarded as part of the settlement. The officials sued would then have to pay the ACLU's fees. It does not work in the reverse. This the reason schools and local governments are so hostile toward religious expression, it could bankrupt them. The taxpayer is now being looted by the ACLU by this method. It will not be long before Islamist terror organizations get in on the act. Then taxpayers will be financing their own demise through attorney fees of these organizations.

Stop the ACLU is looking for signatures for a petition to support Hostettler's proposal. Go there and sign up.

One of the major problems with tort law in the US is the one sided award system. When one brings suit, if it has merit one should have attorney fees reimbursed by the defendant. If they lose because the court finds the suit has no merit the plaintiff should pay the attorney fees of the defendant. This would balance the risk in bringing suit and reduce the fishing expeditions so common today.