(CNSNews.com) - The American Civil Liberties Union (ACLU) is guilty of "judicial blackmail," according to the American Legion, which is pushing for congressional legislation to end one of the ACLU's streams of revenue.

Judges would be stripped of the authority to award attorney fees to the ACLU and similar groups in cases involving the U.S. Constitution's First Amendment Establishment Clause, if the American Legion gets its way.

The clause stipulates that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." It is often the basis of legal challenges mounted by the ACLU and targeting religious monuments or displays on public property.

But such legal challenges have drawn the ire of conservatives.

"The threat of imposition of attorney fees is very real, and manifestly is being used as a bludgeon by the ACLU and others to compel states and local subdivisions to surrender to their demands to secularly cleanse the public sphere, including at veterans memorials," said Rees Lloyd of the American Legion in his testimony before the Senate Judiciary Committee Wednesday.

A Senate bill introduced by Sen. Sam Brownback (R-Kan.) states that it will "prevent the use of the legal system in a manner that extorts money from State and local governments, and the Federal Government." A similar bill has been introduced in the House.

Joe March, director of public relations for the American Legion, said the legislation "would amend or revise the Civil Rights Act, in terms of eliminating the ability of judges to award attorney's fees, in cases where there is litigation brought against religious symbols in this country ... and things such as the Boy Scouts and public seals."

"Not only are organizations like the ACLU and others taking action against our American values, our religious symbols, our heritage and veterans memorials, but then if they are successful in the process, then they are having the courts award them tax dollars in attorney's fees even though they are organizations that work pro bono," March told Cybercast News Service on Thursday.

"That money is going directly into their coffers as profit, so to speak," he said.

In many cases the ACLU is able to get governments to "capitulate" before the case gets to court, for fear of the high cost of litigation, March said, calling it "judicial blackmail."

"If left unchecked this could become a very dangerous precedent in this country," said March.

But in a statement released Wednesday, the ACLU said the idea that it would sue over personal gravestones, was a "red herring."

"Religious symbols on personal gravestones are vastly different from government-sponsored religious symbols or sectarian religious symbols on government- owned property," the ACLU stated. "Gravestones and the symbols placed upon them are the choice of individual service members and their families."

The awarding of attorney fees should continue to be a judicial option, according to the ACLU. "The award of fees in Establishment Clause cases is not a means for attorneys to receive unjust windfalls. It is designed to assist those whose government has failed them.

"Despite proponents' assertions to the contrary, attorneys' fees are not awarded in Establishment Clause cases as a punitive measure. Rather, as in any case where the government violates its citizens' civil or constitutional rights, the award of attorneys' fees is reasonable compensation for the expenses of litigation awarded at the discretion of the court," the ACLU added.

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