Hostettler pushes court rule change

defending the First Amendment against the Christian right ...

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Hostettler pushes court rule change

Maria Lee, Courier and Press (Evansville, Indiana), June 25, 2006

WASHINGTON - Indiana 8th District Congressman John Hostettler can count the American Legion and the law schools of the Rev. Jerry Falwell's Liberty University and the University of South Dakota as enthusiastic supporters of his plan to cut off a source of funds for the American Civil Liberties Union.

Representatives of those institutions testified last week before the House Judiciary Committee in support of Hostettler's Public Expression of Religion Act (PERA).

This is the fifth time Hostettler, R-Ind., has tried to get PERA enacted into law. If passed, it would change a rule on litigation over the separation of church and state.

Now, if someone sues because a teacher leads a prayer at school, or because a courthouse has a Ten Commandments display, and they win, the jurisdiction has to pay the individual's lawyer fees. PERA would end that practice.

That's why Fran Quigley, executive director of the American Civil Liberties Union in Indiana, said if it passes, PERA would block the constitutional protections of religious minorities. "Courts and Congress have found again and again that the Constitution doesn't mean much if people can't go to court," he said. "This would effectively shut the courthouse door."

Quigley said constitutional litigation can cost tens, even hundreds of thousands of dollars. "Few citizens of Indiana have those resources," he said, adding just two or three cases per year in the state would be affected by PERA.

"But everyone has the Bill of Rights, which is why Congress has recognized again and again that the availability of attorney fees for winning a case is crucial," Quigley said.

Hostettler said government officials are capitulating to the Indiana Civil Liberties Union even though they might have won if they had gone forward with the prayer or display.

The Supreme Court's interpretation of the part of the Constitution that says: "Congress shall make no law respecting an establishment of religion" has been inconsistent. "The jurisprudence is about as clear as mud," Hostettler said at Thursday's hearing.

He hopes that there will be more space for expression of religion in the public realm now that Justice Samuel Alito has replaced Justice Sandra Day O'Connor, who was often the court's deciding vote.

Democrats attending the hearing in Washington, D.C., questioned the importance of this bill, and asked if the American Legion wouldn't do better to see to higher funding for veterans' health care.

Rees Lloyd, who testified on behalf of the American Legion, disagreed.

"There is a great danger," he said. "All a terrorist sympathizer, one of Osama Bin Laden's minions" would have to do to get Arlington National Cemetery to pull all the crosses and stars of David from the graves would be to walk into court, win their case, and get the money, he said.

But if PERA became law, it would not apply to federal cases, so if someone sued the cemetery, it would not apply.

Marc Stern, a witness from the American Jewish Congress, responded to Lloyd's testimony by saying, "That is demagoguery."

Hostettler challenged Stern's testimony, pointing out that he was wrong to say that PERA would eliminate any enforcement of the establishment clause. Judges could still tell governments to take down displays, and fine them for contempt of court if they didn't comply, he said.

Rep. Steve King, R-Iowa, thanked Hostettler for sponsoring PERA. "The foundation of (our) rule of law is God's law," he said. PERA is needed "because we've gotten so far from the text and the intent of the Constitution."

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