[Congressional Record (Bound Edition), Volume 152 (2006), Part 16]
[Extensions of Remarks]
[Page 21712]
[From the U.S. Government Publishing Office, www.gpo.gov]




    VETERANS' MEMORIALS, BOY SCOUTS, PUBLIC SEALS, AND OTHER PUBLIC 
             EXPRESSIONS OF RELIGION PROTECTION ACT OF 2006

                                 ______
                                 

                           HON. BOB ETHERIDGE

                           of north carolina

                    in the house of representatives

                      Tuesday, September 26, 2006

  Mr. ETHERIDGE. Mr. Speaker, I rise in opposition to H.R. 2679, Public 
Expression of Religion Act of 2005, and I urge my colleagues to join me 
in voting against it.
  I take very seriously my duty to uphold the rights safeguarded for 
all citizens by the United States Constitution. Our founding fathers 
created a document that not only gives us a framework that we govern by 
even today but a document that sets forth the unalienable rights of all 
Americans. The legislation that passes Congress should be designed to 
protect these rights, not weaken them. Unfortunately, H.R. 2679 fails 
to meet this most basic test.
  H.R. 2679 is not a bill that would protect the freedom of religion as 
its authors contend. In reality, by weakening the Establishment Clause 
of the First Amendment to the U.S. Constitution, it would have the 
opposite effect. Under current law, attorneys' fees are paid for by the 
defending party when the plaintiff is found to have had their 
constitutional rights violated under the Establishment Clause. By 
denying the payment of these attorneys' fees, even in successful cases, 
H.R. 2679 insulates serious constitutional violations from judicial 
review. Few citizens can afford to pay attorney fees that can total 
hundreds of thousands of dollars in these cases. In addition, attorneys 
cannot always take cases, even on a pro bono basis, if they are unable 
to recoup their fees and out-of-pocket costs when they prevail. By 
barring the awarding of attorneys' fees to prevailing parties in these 
cases, H.R. 2679 severely impairs the ability of our citizens to 
protect their constitutional rights.
  Furthermore, the Establishment Clause is included in the Constitution 
to protect and promote religious freedom for all Americans. H.R. 2679 
would for the first time single out one of the constitutional 
protections afforded in the Bill of Rights, and prevent its full 
enforcement. If the right to attorney's fees is taken away in these 
cases, a dangerous precedent would be set for the erosion of more civil 
liberties included in the U.S. Constitution. All of the rights in the 
Constitution are granted to every citizen of the United States, not 
just to those who can afford to pay for them. I urge you to oppose H.R. 
2679, the misnamed ``Public Expression of Religion Act.''

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