Strengthening the foundations of America’s first freedom

On May 1, as part of the National Day of Prayer, President Donald Trump ordered the formation of a Religious Liberty Commission, whose responsibilities include production of “a comprehensive report on the foundations of religious liberty in America, the impact of religious liberty on American society, current threats to domestic religious liberty, strategies to preserve and enhance religious liberty protections for future generations, and programs to increase awareness of and celebrate America’s peaceful religious pluralism.”

A full report including recommendations to protect religious liberty in the future are due to the president by July 4, 2026. And to fulfill its responsibilities, the commission will hold a series of hearings focused on a variety of issues and themes. The next two meetings are scheduled for this month and will focus on “Religious Liberty in Public Education: Parent and Student Perspectives” (Sept. 8) and “Religious Liberty in Education: Teachers and Coaches Perspectives” (Sept. 29). Additional hearings will focus on the military, healthcare, faith-based institutions, and more.

But the first step in fulfillment of the commission’s mandate came on June 16 as the commission held its first hearings, featuring an array of scholars on the historic intellectual, legal, constitutional, and religious foundations of religious liberty in America.

Over five hours of testimony and discussion, the commission heard insights from experts on the topic of “Religious Liberty and the Founding” presenting a comprehensive and convincing picture of the significance of religious liberty. In his opening comments, Kelly Shackelford, who is one of the commissioners and leads First Liberty Institute, noted that “our founders called this our first freedom because they understood if you lose this freedom you will lose all of your freedoms.” Indeed, religious liberty is so fundamental to what it means to be American—and indeed human—that a government that can infringe on these rights can be basically unlimited. If the government can trample religious liberty rights, then it can also trample economic, political, and civil rights.

Mark Rienzi of the Becket Fund echoed this sentiment in his testimony. “Religious liberty is both the basis and the bellwether for all other human rights,” he said. “It is often the first right to be attacked, and when it falls, others inevitably follow. But the opposite is also true and right. And that is that where religious liberty is protected, other rights flourish. Religious liberty is thus foundational. It protects the broader architecture of liberty and human dignity for everyone, religious or not.” Some might be convinced that a commission focused on religious liberty is inherently biased or discriminatory, and in fact much of the criticism of the commission so far has fallen along predictably ideological lines. But the reality is, as Rienzi contends, that religious liberty is good for everyone, whether religious or not, whether a member of a majority religious community or not.

In her opening remarks, Commissioner Allyson Ho connected the freedom of religion to the development of character that is required for the maintenance and flourishing of a free people. “The First Amendment is often called the first freedom because it's the foundation of individual liberty in our great nation,” she said. “Courage is often called the first virtue, because it's the one that guarantees all the rest.” And while it can be tempting to think that religious liberty is not a matter of concern or under threat in a country that is formally committed in its constitution to protecting such rights, the reality is that there are existential and meaningful infringements on these rights all the time. And the costs of defending these rights are significant, in terms of time, money, and personal sacrifice. “As an attorney,” said Commissioner Ho, “I've been blessed to advocate for everyday Americans who exemplify the first virtue, courage, by fighting for the first freedom, religious liberty, often at great cost to themselves, their families, and their livelihoods.”

As we celebrate America’s legacy of faith and freedom in this year leading up to the 250th anniversary of the Declaration of Independence, there is no better time to recommit ourselves to America’s first freedom, appreciating not only its historical significance but its future potential. Rienzi put it well: “That is precisely why this commission’s work matters so much. You all have the rare opportunity to stand for a right that transcends political divides, that benefits everyone, and that reflects the very best of the American experiment.”

May God bless the work of this commission and may God bless America.