# Plain Language Summary: History and Tradition Protection Act of 2021

This bill would make it much harder and less financially rewarding for people to sue the government over religious displays and symbols in public spaces. Right now, if someone successfully sues a state, local, or federal government for violating the separation of church and state, they can recover money for attorney's fees and get various types of court orders. This bill would change that by limiting what people can actually win in these cases. If someone wins a lawsuit about religious monuments, religious words or images on government buildings, religious symbols in state seals or flags, or religious statements made during government meetings, they could only get an injunction (a court order telling the government to stop) or a declaration (a court statement about what the law is). They couldn't recover money for their lawyer's fees, which would make it much more expensive and risky to bring these lawsuits in the first place.

The bill applies this restriction to lawsuits against both state and local governments, as well as the federal government. For example, if someone challenged a Ten Commandments monument on courthouse grounds or sued over "In God We Trust" on currency, they could still win the case and get the government to remove the display, but they wouldn't be able to recover the costs of their legal fight. This is significant because civil rights lawsuits are often expensive, and attorney's fees awards help make it possible for ordinary people to afford lawyers to challenge government actions they believe are unconstitutional.

Supporters of this bill argue it protects historical and traditional religious expressions in government. Critics worry it would effectively prevent people from challenging religious displays and statements they believe violate the Constitution's prohibition on government establishment of religion, since the financial burden would be too great for most people to pursue such cases. The bill would take effect immediately upon passage and would apply to any lawsuits that are already pending or filed after the law passes.

History and Tradition Protection Act of 2021

Johnson, Mike

History and Tradition Protection Act of 2021 This bill limits the remedies available for certain civil actions involving the deprivation of rights under color of law. Specifically, remedies will be limited to injunctive and declaratory relief for claims where the deprivation of rights consists of violation of a prohibition in the Constitution against the establishment of religion. Additionally, no attorney's fees shall be awarded in proceedings in vindication of civil rights with respect to such a claim concerning the actions of states and localities. With regard to a claim brought against the United States or a federal official acting in his or her official capacity, the bill prohibits the award of reasonable fees and expenses of attorneys to the prevailing party.