Religious Liberty Commission releases report, recommendations

The Justice Department on Friday released a draft report from the Religious Liberty Commission, summarizing the commission’s findings on the status of religious liberty in America. The commission conducted seven hearings over the past year, listening to testimony from over 100 witnesses of various faiths. Many witnesses spoke of perceived grievances that they said occurred under the Biden administration. The commission concluded that religion in America is frequently treated as a problem to be managed, restricted, or sidelined, according to the report.

The commission’s members are all professing Christians, with the exception of one Jewish rabbi. Their report outlined several of what they described as areas of particular concern for religious liberty and offered recommendations for government action.

What recommendations did the commission offer in the report?

• The Justice Department should issue guidance on the proper understanding of the Establishment Clause and the legal concept of separation of church and state.

• Government agencies should create and distribute “Know Your Rights” posters in schools, religious and healthcare institutions, and the military. They should also create religious liberty violation hotlines.

• Any public official who claims that someone under their supervision improperly engaged in religious expression should be required to give a written statement within 30 days, explaining how that expression violated the Constitution.

• The government should seek to appoint more federal judges who will decide religious liberty cases on their merits rather than dismissing them.

• The Justice Department should create a religious liberty task force to track litigation on the subject.

• Increase enforcement and litigation against anti-Semitism.

• Protect religious Americans from government-led litigation targeting their free exercise.

• Repeal the Johnson Amendment, a tax code provision that prevents nonprofits from endorsing or donating to a political figure or party.

• Order the Defense Department to streamline its religious accommodation process, and continue work to restore lost retirement or reenlistment eligibility for service members who were punished due to religious beliefs about the COVID-19 vaccine.

• Create a Presidential Medal of Religious Liberty and First Freedom Hero award to recognize Americans who protect religious liberty and constitutional rights.

How will the Trump administration act on the report? President Donald Trump on Friday said the government would work to convince people to adhere to the recommendations in the report, and that his officials would study it closely. He characterized the recommendations as both strong and incredible, but said they didn’t mean anything without action. He didn’t give further details on implementation. The commission is scheduled to dissolve on July 4, but the president can opt to extend it. Trump did not say whether he would do that.

Dig deeper: Read Carolina Lumetta’s report on the confusion over how long the committee will remain in place.