What This Bill Does
This bill changes how lawsuits about religious symbols and expression can be filed against government officials and the federal government. It limits the types of relief available and prevents certain types of fee awards in these cases. The bill aims to prevent what it describes as the use of the legal system to extract money from governments.
Who It Affects
State and local government officials, federal government officials, people who file lawsuits claiming violations of the Establishment Clause (a constitutional rule preventing government from favoring religion), and courts that hear these cases.
Key Provisions
• Lawsuits against state and local officials claiming violations of the religious establishment clause can only result in injunctive relief (court orders requiring action or stopping action) and declaratory relief (court statements of legal rights), not money damages. This applies to cases involving religious words, imagery or symbolism on monuments, memorials, statues, buildings, state seals and flags, and religious expression during government proceedings. (Sec. 2(a))
• Lawyers cannot receive attorney's fees in lawsuits against state and local officials that involve the religious establishment clause violations described above. (Sec. 2(b))
• Lawsuits against the federal government or federal officials claiming violations of the religious establishment clause can only result in injunctive and declaratory relief, not money damages. Lawyers cannot receive attorney's fees in these cases. (Sec. 3(a))
• This applies to cases involving religious words, imagery or symbolism on federal monuments, memorials, statues, buildings, the U.S. seal, currency, the Pledge of Allegiance, and religious expression during congressional proceedings. (Sec. 3(b))
What Changes
If this becomes law, people who believe their rights were violated by government religious establishment cannot receive money damages in court. They can only receive court orders requiring the government to stop the action or declarations of their legal rights. Lawyers in these cases cannot be paid by the losing government through court-awarded attorney's fees.
Effective Date
The law takes effect on the date it is signed into law and applies to cases that are pending at that time and all cases filed after that date. (Sec. 4)
I
118TH CONGRESS
1ST SESSION
H. R. 425
To amend the Revised Statutes of the United States to prevent the use
of the legal system in a manner that extorts money from State and
local governments, and the Federal Government, and inhibits such gov-
ernments’ constitutional actions under the first, tenth, and fourteenth
amendments.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 2023
Mr. JOHNSON of Louisiana (for himself, Mr. GAETZ, Mr. BIGGS, and Mr.
WEBER of Texas) 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
prevent the use of the legal system in a manner that
extorts money from State and local governments, and
the Federal Government, and inhibits such governments’
constitutional actions under the first, tenth, and four-
teenth amendments.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘History and Tradition
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Protection Act of 2023’’.
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•HR 425 IH
SEC. 2. LIMITATIONS ON CERTAIN LAWSUITS AGAINST
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STATE AND LOCAL OFFICIALS.
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(a) CIVIL ACTION FOR DEPRIVATION OF RIGHTS.—
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Section 1979 of the Revised Statutes of the United States
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(42 U.S.C. 1983) is amended—
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(1) by inserting ‘‘(a)’’ before the first sentence;
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and
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(2) by adding at the end the following:
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‘‘(b) The remedies with respect to a claim under this
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section are limited to injunctive and declaratory relief
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where the deprivation consists of a violation of a prohibi-
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tion in the Constitution against the establishment of reli-
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gion, including, but not limited to, a violation resulting
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from—
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‘‘(1) any monument, memorial, statue, or other
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figure containing religious words, imagery, or sym-
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bolism;
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‘‘(2) a public building containing religious
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words, imagery, or symbolism;
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‘‘(3) the presence of religious words, imagery,
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or symbolism in the official seals and flags of the
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several States and the political subdivision thereof;
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or
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‘‘(4) religious expression in the context of the
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proceedings of any deliberative body or division of
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•HR 425 IH
any State or deliberative body or division of the sev-
1
eral States.’’.
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(b) ATTORNEY’S FEES.—Section 722(b) of the Re-
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vised Statutes of the United States (42 U.S.C. 1988(b))
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is amended by adding at the end the following: ‘‘However,
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no fees shall be awarded under this subsection with re-
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spect to a claim described in subsection (b) of section nine-
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teen hundred and seventy nine.’’.
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SEC. 3. LIMITATIONS ON CERTAIN LAWSUITS AGAINST THE
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UNITED STATES AND FEDERAL OFFICIALS.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law, a court shall not award reasonable fees and
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expenses of attorneys to the prevailing party on a claim
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of injury consisting of the violation of a prohibition in the
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Constitution against the establishment of religion brought
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against the United States or any agency or any official
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of the United States acting in his or her official capacity
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in any court having jurisdiction over such claim, and the
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remedies with respect to such a claim shall be limited to
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injunctive and declaratory relief.
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(b) DEFINITION.—As used in this section, the term
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‘‘a claim of injury consisting of the violation of a prohibi-
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tion in the Constitution against the establishment of reli-
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gion’’ includes, but is not limited to, a claim of injury re-
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sulting from—
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•HR 425 IH
(1) any monument, memorial, statue, or other
1
figure containing religious words, imagery, or sym-
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bolism;
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(2) a Federal building containing religious
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words, imagery, or symbolism;
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(3) the presence of religious words, imagery, or
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symbolism in the official seal of the United States
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and in its currency and official Pledge; or
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(4) religious expression in the context of the
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proceedings of any deliberative body or division of
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the legislative or executive branches of the United
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States.
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SEC. 4. EFFECTIVE DATE.
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This Act and the amendments made by this Act take
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effect on the date of the enactment of this Act and apply
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to any case that—
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(1) is pending on such date of enactment; or
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(2) is commenced on or after such date of en-
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actment.
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Æ
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