Civil Rights Attorney's Fees Award Act of 1976
Encyclopedia
The Civil Rights Attorney's Fees Award Act of 1976 is a law of the United States. It is often referred to as "Section 1988". It allows a Federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...

 to award reasonable attorneys' fees to a prevailing party in certain civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...

 cases.

The Act was designed to create an enforcement mechanism for the nation's civil rights laws without creating an enforcement bureaucracy.

The House of Representatives passed a bill entitled the "Public Expression of Religion Act" on September 26, 2006. Were this bill to become law, it would amend Section 1988 to disallow the awarding of attorneys' fees to prevailing parties in Establishment Clause cases.

Criticism

The Phelps Chartered law firm has collected fees for defending the Westboro Baptist Church
Westboro Baptist Church
The Westboro Baptist Church is an independent Baptist church known for its extreme stance against homosexuality and its protest activities, which include picketing funerals and desecrating the American flag. The church is widely described as a hate group and is monitored as such by the...

, which has picketed at the funerals of soldiers killed in Iraq and Afghanistan, as well as churches, temples, schools and colleges. The principals of Phelps Chartered and the Westboro Baptist Church are many of the same individuals.
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