109 HR 2679 IH: Public Expression of Religion Act of 2005 U.S. House of Representatives 2005-05-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 2679 IN THE HOUSE OF REPRESENTATIVES May 26, 2005 Mr. Hostettler (for himself, Mr. Wamp, Mr. Norwood, Mr. Jenkins, Mr. Paul, Mr. Doolittle, Mr. Sodrel, Mr. Weldon of Florida, Mr. Alexander, Mr. Bachus, Mr. Pitts, Mr. Inglis of South Carolina, Mr. Otter, Mr. Duncan, Mr. Jones of North Carolina, Mr. Kingston, Mr. Smith of Texas, Mr. Bartlett of Maryland, Mr. Poe, and Mr. Barrett of South Carolina) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Revised Statutes of the United States to eliminate the chilling effect on the constitutionally protected expression of religion by State and local officials that results from the threat that potential litigants may seek damages and attorney’s fees.

1.

Short title

This Act may be cited as the Public Expression of Religion Act of 2005.

2.

Limitations on certain lawsuits against State and local officials

(a)

Civil action for deprivation of rights

Section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) is amended— (1)by inserting (a) before the first sentence; and (2)by adding at the end the following: (b)The remedies with respect to a claim under this section where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion shall be limited to injunctive relief.. (b)

Attorneys fees

Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by adding at the end the following: However, no fees shall be awarded under this subsection with respect to a claim described in subsection (b) of section nineteen hundred and seventy nine..