Washington D.C. - Tomorrow, the United States House of Representatives Judiciary Subcommittee on the Constitution will hear testimony regarding H.R. 2679, the Public Expression of Religion Act of 2005 ("Act"). Mathew Staver, Founder and Chairman of Liberty Counsel, will present testimony before the Committee in support of the proposed legislation.

By amending two federal laws, cited as 42 U.S.C. §§ 1983 and 1988, the Act prohibits damages, attorney's fees and costs from being awarded to plaintiffs who bring suit claiming violations of the Establishment Clause, the so-called church-state provision of the First Amendment. If the Act is passed, a plaintiff who files suit and wins under the Establishment Clause would be entitled to an injunction, but could not recover damages, attorney's fees or costs.

In his 37-page written testimony, Mr. Staver points out that in every other area of litigation except the Establishment Clause, a plaintiff must have sustained a direct injury in order to sue. But in Establishment Clause claims, a plaintiff merely has to claim he or she was offended by some religious symbol or action. This unusual exception has opened the floodgates to litigation. Mr. Staver also points out that the Supreme Court's interpretation of the Establishment Clause is both confused and conflicted. If the Supreme Court Justices have sharp disagreements as to the meaning and scope of the Establishment Clause, then local government officials should not be financially punished for a minor misstep in this constitutional mine field. The Act would likely curb frivolous legal threats and litigation. Advocacy groups like the ACLU would no longer be able to use the threat of damages and attorney's fees to force the removal of Ten Commandments displays, Nativity scenes, or the words "under God" in the Pledge of Allegiance.

Mathew D. Staver commented: "The Public Expression of Religion Act is long overdue. The threat of attorney's fees and damages has been wielded like a bully club to beat local government officials into submission, even when the church-state claims are outrageous and frivolous. When the Supreme Court candidly admits that its Establishment Clause decisions are 'hopelessly confused,' how can we expect local government officials to navigate in the dark and then hit them with financial penalties?"

Mr. Staver's congressional testimony** can be viewed by visiting Liberty Counsel's web site. The public testimony will begin at 10:00 a.m. Eastern Time and can be viewed via the internet live or at a later date. For more information and to obtain the links, visit Liberty Counsel at LC.org, or call 1-800-671-1776.