Church-State Cases Denied Damages

CBN News

September 26, 2006

CBNNews.com - The U.S. House passed legislation today that would deny winning parties financial awards for successful suits against religious displays on government grounds.

The bill, passed 244-173, denies the awarding of attorney's fees or monetary damages to a party that wins a court case based on the argument for separation of church and state.

"We cannot continue to allow frivolous and, frankly, unwarranted lawsuits to stifle the beliefs and self-determination of our great communities," said Rep. Phil Gingrey, R-Ga.

Supporters cited recent cases against religious symbols such as crosses in veterans' cemeteries or the public display of the Ten Commandments in government buildings.

"This is an issue of allowing the cases to go to court and not to have the threat or intimidation by the ACLU and their minions to hang over all of these heads," said Rep. John Hostettler, R-Ind., sponsor of the bill.

Opponents saw the bill as an infringement on constitutional rights.

"This bill would make it more difficult for ordinary Americans to defend their religious freedom against intrusion by government," said Rep. Chet Edwards, D-Texas. "There's nothing benign about this bill."

Supporters disagreed, pointing to the potential it has to end intimidation by threat of lawsuits. They said local and state governments often give in to demands to remove religious displays for fear of incurring costly attorney's fees.

"With this bill we will close a loophole that has allowed liberal groups like the ACLU to prey on taxpayers for far too long," said Rep. Ginny Brown-Waite, R-Fla.

There is no companion Senate bill.

Sources: AP wires

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