Public Expression of Religion Act of 2003

Public Expression of Religion Act of 2003 - Amends the Revised Statutes of the United States with respect to a civil action against State or local officials for deprivation of rights where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion. Limits the remedy for such a claim to injunctive relief.

Denies the awarding of attorneys fees in such an action.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3609 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 3609

  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.


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                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

 Mr. Hostettler (for himself, Mr. Pitts, Mr. Bartlett of Maryland, Mr. 
Doolittle, Mr. Tancredo, Mr. Smith of Texas, and Mr. Souder) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

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                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Expression of Religion Act of 
2003''.

SEC. 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.''.
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