On May 1, 2025, President Trump established the Religious Liberty Commission within the U.S. Department of Justice to “identify emerging threats to religious liberty, uphold Federal laws that protect all citizens’ full participation in a pluralistic democracy, and protect the free exercise of religion.” [1] The Commission’s membership consists of Christians and one orthodox Jew.
The Commission released a draft report entitled “America’s First Freedom” on June 26, 2026. It is seeking to eliminate the separation of church and state doctrine. This would affect schools, city, county, and state governments and agencies, and every part of each community.
UPDATE: Reps. Huffman and Raskin introduced a resolution July 1 reaffirming church-state separation.
Public comment on the report is due July 13 (see below)
The Washington Post reported
“At an Oval Office news conference announcing the report, commission Chairman Dan Patrick, the Republican lieutenant governor of Texas, said the commission recommends that any official — in government, a school, the military, a hospital, etc. — who alleges a violation of church-state separation must in writing point out exactly where you have violated the Constitution, because you have not, and from this day forward, that phrase should have no power over people of all faiths ever again in America.‘”
First in its “12 Key Recommendations to Strengthen Religious Liberty for All Americans”:
“1. Instruct the Department of Justice to issue guidance clarifying the proper understanding of the Establishment Clause and separation of church and state.”
The deadline for public comment is Tuesday, July 13.
Email comments to RLC@usdoj.gov
Commission instructions: format the email subject line using:
PUBLIC COMMENT – [TOPIC OR CHAPTER NUMBER] – [NAME].
(Note: there is no docket number or online docket)
Information about the Commission documents, hearings, and records of public comments is at this DOJ page.
Chapter 1 is titled: “Religion as an Indispensable Support” and includes sections titled “Religion: An Essential Aspect of What It Means to be Human” and “Religion: The Benefits for Society”.
There are many different religions and belief systems held by Americans, as well as many Americans do not have religious beliefs. The intent of the separation doctrine has been to protect everyone from having the religious beliefs of one religion or another legislated on them. Governing structures and areas of public life have previously attempted to be neutral spaces.
– What could “free exercise” look like? For instance, should government and agency staff be allowed to promote their beliefs verbally and nonverbally during their taxpayer-subsidized work hours?
– In light of the composition and religious beliefs of the Commission, will groups and members of certain religions get preferential treatment in jobs, government agency appointments, educational institutions, and the ability to freely exercise their religion over other groups and religions?
– What happens when religious practices conflict with local, state, or federal laws, including civil rights laws or criminal laws? Will laws be re-interpreted or new ones enacted that accommodate, promote, or favor some religious practices but not others?
This is an extensive report covering many different topics, including freedom of conscience. It deserves a full and detailed analysis and discussion by the public and Constitutional, legal, and historical experts.
Notes:
Presidential Religious Liberty Commission Press Release and Summary Report, U.S. Department of Justice, June 26, 2026, p. 1
[1] Presidential Religious Liberty Commission Draft Report, U.S. Department of Justice, June 26, 2026, p. 25
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