The Trump administration has updated Justice Department guidance to ensure federal agencies give greater consideration to religious liberty when writing regulations, enforcing federal law, and accommodating employees' religious beliefs. This marks the first significant update to the department's guidance on the matter since 2017.
The directive instructs executive agencies to verify their policies align with the First Amendment, the Religious Freedom Restoration Act, Title VII of the Civil Rights Act, and recent Supreme Court decisions that have expanded protections for religious exercise. The guidance aims to ensure federal agencies safeguard the religious liberty rights of Americans in areas such as employment, federal contracting, grants, rulemaking, and enforcement actions.
Acting Attorney General Todd Blanche stated that the updated guidance reflects nearly a decade of new Supreme Court precedent. The changes include requiring agencies to consider religious liberty concerns earlier in the regulatory development process, accommodate religious expression in the federal workplace as legally required, and ensure religious organizations can compete for federal grants and contracts on equal footing with secular entities.
The guidance also reaffirms constitutional protections for churches regarding their internal governance and highlights recent Supreme Court rulings concerning parental rights in directing their children's religious upbringing. According to the DOJ, the Office of Legal Policy will continue to collaborate with federal agencies to review proposed regulations and other government actions for compliance with these religious liberty protections.
The updated memorandum supersedes guidance issued in 2017 and incorporates subsequent Supreme Court decisions that have clarified and strengthened legal protections for religious exercise. The First Liberty Institute, which noted the guidance references Supreme Court victories in cases like Kennedy v. Bremerton School District and Groff v. DeJoy, thanked President Donald Trump for his efforts to protect religious freedom.