– September 9, 2006
American Atheists Action Alert – Update

BILL TO PUNISH FIRST AMENDMENT LITIGATION CLEARS COMMITTEE, READY FOR HOUSE VOTE!

The House Judiciary Committee has passed the so-called “Public Expression of Religion Act.” The measure is ready for a vote by the U.S. House of Representatives. Congress needs to hear from you now!

The bill, H.R. 2679, introduced by Rep. John Hostettler (R-IN) would amend a section of the United States Code and eliminate attorney fees in legal cases where government violated the constitutional separation of church and state. PERA is part of a battery of proposed legislative items dubbed “The American Values Agenda.” This includes measure to protect “unborn children,” ban cloning and penalize legal challenges to violations of the First Amendment’s establishment clause

Hostettler and supporters of H.R. 2679 claim that attorneys working for organizations that defend the First Amendment and challenge unconstitutional governmental practices in respect to religion are enriching themselves and even violating the rights of believers. The American Legion has launched a national campaign to support PERA, and is calling for “a ground swell of public demand on lawmakers” to pass the bill immediately. A “guide” to PERA issued by this group states: “There simply is no reasonable basis to support the profiteering in attorney fee awards ordered by judges in these (Establishment Clause) cases. The very threat of such fees has made elected bodies, large and small, surrender to … demands to secularly cleanse the public square.”

The House Judiciary Committee recently held a little-publicized, one-day hearing on the “Public Expression of Religion Act.” Only one of the four experts invited to give testimony spoke out against the legislation. American Atheists expects the committee to vote shortly on PERA. The measure could then move to the full House for a floor vote within the next two to three weeks. Congressional representatives need to hear from us now regarding this dangerous, unconstitutional measure!

Pera is About Government Promotion of Religion, Not “EXPRESSION OF RELIGION”

American Atheists President Ellen Johnson says that the Hostettler measure “is not for the benefit of the taxpayer, but for government and religious leaders who insist on eroding the wall of separation between church and state.”

“They know, as do we, that most attorneys are simply unable to work on long-term, complex litigation if they don’t receive some compensatory fee,” Johnson noted. “We’re not talking about donating a few free hours ‘to the cause.’ These cases require an enormous amount of time and effort.”

Governments are often quite willing to squander taxpayer funds in order to defend their unconstitutional practices. The Hostettler bill conveniently ignores this fact.

“Whether it is school prayer or defending a religious monument in the public square, state and local governments are frequently very short-sighted and belligerent when caught doing something that violates the First Amendment,” said Johnson. “If the Legion and Rep. Hostettler really wish to save all of us some money, they should work to stop unconstitutional practices that promote religion.”

Congress Needs to Hear From Us Now to Stop the PERA

Once Again, Atheists, freethinkers, Humanists and other non-believers must speak out and tell our elected representatives in Washington, DC that we oppose legislation aimed at eroding the separation of church and state – bills like the “Public Expression of Religion Act”!

• PERA lowers the penalty bar when government is caught in flagrant violation of the Establishment Clause.
• The bill penalizes attorneys and organizations that defend the separation of church and state, but does nothing to prevent political leaders from draining the public treasury to defend unconstitutional practices in court.
• This legislation has nothing whatsoever to do with legitimate religious expression. It is all about government sponsorship and promotion of religion.
• Contact your congressional representative now!
• Check out our “Tips on Contacting Congress” Page
• Be sure to ask for a written response to your concerns. Make your letters, faxes and e-mail concise and to-the-point. Be polite. Be sure to sign your communique.
• Share you letter and any responses you receive and we will post them on this web site
• Spread this Action Alert! If you are in an Atheist/freethought group, consider posting this message to your newsletter, web site and e-mail lists. Urge others to circulate this Alert, too!

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