PERA -- Legislation Bringing 'Religious Expression' to the Forefront
by Jody Brown and Bill Fancher
October 2, 2006
(AgapePress) - - The ACLU calls it an "attack on religious liberty." But a prominent member from the other side of Congress says it's the first step in drying up what some call the ACLU's "cash cow."They are referring to the measure known as the Public Expression of Religion Act, or PERA (H.R. 2679), a bill sponsored by Congressman Jeff Hostettler that eliminates the award of attorney's fees in Establishment Clause cases, effectively removing the financial threat often used by the American Civil Liberties Union against communities. "Because of PERA," Hostettler states on his website, "Americans will have the opportunity to fight the systematic agenda of the ACLU and their minions to remove the vestiges of our religious heritage in this nation."
The ACLU, however, does not see it that way. In fact, one ACLU official believes proponents of the measure are undercutting themselves. "This legislation would in fact weaken the very freedom they claim to be protecting," says Caroline Fredrickson with the group's Washington Legislative Office. "If PERA were to pass, Congress would isolate and discourage enforcement of a specific piece of our Bill of Rights."
But what about the financial aspect of the legislation? The ACLU says the elimination of attorney's fees in Establishment Clause cases, for example, would -- among other things -- deter attorneys from taking cases that allege the government as acted unconstitutionally by applying "illegal religious coercion" in public schools or "blatant discrimination" against particular religions.
Hostettler, understandably, sees things differently. Under PERA, he says, public officials would not have to worry about being able to afford legal defense of their use of the words "under God" in public when the ACLU "comes after them" -- and teachers would be able to permit students to "talk about their religious beliefs" knowing that should a lawsuit result, they would be able to defend themselves without facing "financial peril."
No doubt to the ACLU's disappointment, PERA is advancing toward becoming law, having passed the U.S. House on a 244-173 vote last week. And as disappointed as the ACLU might be, Senator Sam Brownback is as pleased, if not more so, about the legislation's passage in the House. He feels such legislation has been needed for a long time.
"This was Representative Hostettler's bill in the House. We've got this same bill in the Senate. I'm delighted to see the House pass this," says the lawmaker from Kansas. "The ACLU and others use these legal fees as blackmail against a community putting up a Nativity scene or having a Ten Commandments expression."
Such "serious issues," as he calls them, should not be subject to blackmail. "These are issues that, if a group thinks it should be litigated, okay, that's acceptable -- take it into court," he says. "But it shouldn't be a part of the negotiation that those seeking to remove these expressions of religion can threaten legal fees of the local unit of government."
Brownback says he is counting on the Senate to pass its version of the bill so communities will be able to demonstrate their faith without the specter of financial threat.
