History and Tradition Protection Act of 2023

History and Tradition Protection Act of 2023

This bill limits the types of relief that may be awarded in civil suits that involve violations of the Constitution's Establishment Clause, which prohibits the government from establishing a religion.

Current law provides a statutory civil cause of action against state and local government actors for violations of constitutional rights, also known as Section 1983 lawsuits. The bill limits relief for Section 1983 lawsuits that involve violations of the Establishment Clause to injunctive and declaratory relief (i.e., nonmonetary relief) and prohibits the award of attorneys' fees in these cases, including those that involve monuments, public buildings, official seals, and government proceedings. The bill applies the same restrictions to similar lawsuits against federal agencies.