109th
CONGRESS
1st Session
H. R.
2679
To
amend the Revised Statutes of the United States to eliminate the chilling effect
on the constitutionally protected expression of religion by State and local
officials that results from the threat that potential litigants may seek damages
and attorney's fees.
IN THE
HOUSE OF REPRESENTATIVES
May 26,
2005
Mr. HOSTETTLER
(for himself, Mr. WAMP, Mr. NORWOOD, Mr. JENKINS, Mr. PAUL, Mr. DOOLITTLE, Mr.
SODREL, Mr. WELDON of Florida, Mr. ALEXANDER, Mr. BACHUS, Mr. PITTS, Mr. INGLIS
of South Carolina, Mr. OTTER, Mr. DUNCAN, Mr. JONES of North Carolina, Mr. KINGSTON,
Mr. SMITH of Texas, Mr. BARTLETT of Maryland, Mr. POE, and Mr. BARRETT of South
Carolina) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To
amend the Revised Statutes of the United States to eliminate the chilling effect
on the constitutionally protected expression of religion by State and local
officials that results from the threat that potential litigants may seek damages
and attorney's fees.
Be it enacted by the
Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION
1. SHORT TITLE.
This Act may be cited as
the `Public Expression of Religion Act of 2005'.
SEC. 2.
LIMITATIONS ON CERTAIN LAWSUITS AGAINST STATE AND LOCAL OFFICIALS.
(a) Civil Action for Deprivation
of Rights- Section 1979 of the Revised Statutes of the United States (42 U.S.C.
1983) is amended--
(1) by inserting `(a)'
before the first sentence; and
(2) by adding at the end
the following:
`(b) The remedies with respect
to a claim under this section where the deprivation consists of a violation
of a prohibition in the Constitution against the establishment of religion shall
be limited to injunctive relief.'.
(b) Attorneys Fees- Section
722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended
by adding at the end the following: `However, no fees shall be awarded under
this subsection with respect to a claim described in subsection (b) of section
nineteen hundred and seventy nine.'.
END