Mat Staver to Testify Today Before Congress In Support of Bill Protecting Public Expressions of Religion

Aug 2, 2006

Washington D.C. - Today, the United States Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Property Rights will hear testimony regarding S. 3696, known as the Veterans Memorials, Boy Scouts, Public Seals and Other Public Expressions of Religion Act of 2006. Mathew D. Staver, Founder and Chairman of Liberty Counsel, will testify at 2:30 p.m. before the Committee in support of the Act. Mr. Staver previously gave testimony before the U.S. House of Representatives Judiciary Subcommittee on June 21, 2006, on similar legislation, HR 2679. He is also the interim Dean of Liberty University School of Law.

This Act prohibits damages, attorney's fees and costs from being awarded to those who sue the government claiming violations of the Establishment Clause. The Act is intended to curb frivolous legal threats and litigation. Advocacy groups like the ACLU would no longer be able to use financial threats to further their agenda and force the removal of Ten Commandments displays, Nativity scenes, crosses from city seals, or the words "under God" from the Pledge of Allegiance.

In his 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 confusing 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 minefield.

Mr. 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. The Supreme Court has candidly admitted that its Establishment Clause decisions are 'hopelessly confused.' Then how can we expect local government officials to navigate in the dark and then hit them with financial penalties?"

The congressional hearing will begin at 2:30 p.m. ET and can be viewed live via the internet. For more information, visit www.LC.org, or call 1-800-671-1776. Read the written testimony submitted to the committee.

TAKE ACTION