Article: Changing the Rules of Establishment Clause Litigation: An Alternative to the Public Expression of Religion Act

I. INTRODUCTION

In 2004, the American Civil Liberties Union ("ACLU") threatened to sue the city of Redlands, California, if it did not remove a small cross from its city seal.1 The cross represented the city's religious heritage and its history as a city of churches.2 Instead of facing the possibility of litigation and the more daunting risk of losing in court and being forced to pay the ACLU's attorneys' fees in addition to its own, the Redlands City Council agreed to change the seal.3 The City of Redlands not only could ill afford the risk of paying the ACLU's attorneys' fees; it also had insufficient municipal funds to replace the seal.4 Therefore, the city had to improvise. Blue tape ...

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