House votes to limit ‘church-state’ lawsuits

House votes to limit ‘church-state’ lawsuits

WASHINGTON — After impassioned debate on the separation of church and state Sept. 26, the House of Representatives passed a bill that would make it harder to sue the government for violations of church-state separation.

House members voted 244–173 in favor of H.R. 2679, called by supporters the “Public Expression of Religion Act.” In cases involving the First Amendment’s establishment clause, the proposal would prevent federal courts from requiring government entities to reimburse the legal costs of the individual or group that sued the government agency — even though the agency was found in violation of the Constitution.

The establishment clause bars the government from endorsing or inhibiting religious groups or doctrines. Currently federal judges routinely require the government entity to pay the legal expenses of a plaintiff who successfully asserts an establishment-clause violation.

A companion bill has been introduced in the Senate, but it is unlikely the Senate will address it before Congress ends its current term.