Ed Brayton has an excellent post over on Dispatches from the Culture Wars on a bill currently before the U. S. House of Representives, H. R. 2679. He argues, successfully I think, that this is an attempt by the religious right to tilt the playing field in their direction.
Because they have failed so often to prevail in establishment clause cases, they want to make it much harder to sue because of the cost. In addition, this will reduce the penalty against government agencies when they are found in violation of the constitution.
We need to oppose this bill.