I heard this story on NPR this morning:
Morning Edition, September 18, 2006 · The House is expected to vote as soon as this week on a bill that would prevent plaintiffs in certain separation of church-and-state cases from recouping attorneys’ fees. Supporters say the fees are used to unfairly coerce plaintiffs. Critics say the bill would roll back a major civil rights protection.
You can listen to the story here.
It seems to me in cases like this the loser should have to cover legal fees. Otherwise religious monuments will be going up faster than Starbucks.