Acting Attorney General Blanche Issues Updated Guidance to Strengthen Federal Religious Liberty Protections

Today, the Department of Justice announced the release of updated guidance on federal protections for religious liberty, reaffirming the administration's commitment to safeguarding the constitutional rights of religious individuals and organizations. The updated memorandum revises and expands upon the department's 2017 Religious Liberty Guidelines in the light of significant U.S. Supreme Court decisions issued over the past nine years.

"Religious liberty is one of our Nation's founding principles and a fundamental right guaranteed by the Constitution," said Acting Attorney General Todd Blanche. "It is essential that federal agencies fully respect and protect the ability of all Americans to live out their faith in daily life, including in their interactions with the federal government."

The updated guidance directs all executive departments and agencies to ensure that federal programs, employment practices, contracting, rulemaking, and enforcement actions comply with the Constitution, the Religious Freedom Restoration Act (RFRA) of 1993, Title VII of the Civil Rights Act, and other applicable federal laws. It emphasizes that religious exercise includes not only belief and worship but also religious conduct in daily life, and that such conduct must be reasonably accommodated whenever practicable and permitted by law.

Key updates in the guidance include:

• Integration of recent Supreme Court precedent. The memo reflects recent judicial decisions clarifying the scope of the First Amendment, RFRA's broad protection of religious liberty, and the requirement of equal treatment toward religious organizations in government programs.
• Protection of parental rights. The updated guidance emphasizes the Supreme Court's recent precedents confirming that the Constitution protects parents' ability to direct the religious upbringing of their children.
• Reaffirmation of church autonomy. he guidance highlights constitutional protections that bar government interference in internal religious governance, including employment.
• Expanded direction for federal agencies. Agencies are instructed to proactively consider religious-liberty impacts when developing rules and policies, designate officers to review regulatory proposals for compliance, and ensure enforcement actions respect RFRA and other protections. Agencies must also consider religious-liberty concerns raised by the public during notice-and-comment periods.
• Clarified protections in federal employment. The guidance reaffirms that agencies must follow recent Office of Legal Counsel opinions when accommodating religious expression and practice in the workplace, including scheduling accommodations and workplace religious expression.
• Safeguards for religious organizations in federal contracting and grant programs. Agencies may not condition an individual's participation in federal programs on relinquishing their religious character or hiring rights. Religious organizations must be permitted to compete on equal footing with secular organizations.

The Office of Legal Policy will continue to assist agencies in reviewing proposed actions for compliance with federal religious-liberty protections. "The new religious liberty guidance instructs agencies on how to protect one of our most fundamental constitutional guarantees: religious liberty, said Assistant Attorney General Dan Burrows for the Office of Legal Policy. "It helps ensure that federal actions do not discriminate on the basis of religion and furthers the protection of both individual practitioners and religious organizations."

The updated guidance is available HERE.