Trump DOJ Expands Religious Liberty Guidance

The Trump administration has issued updated federal guidance directing executive agencies to strengthen protections for religious liberty across government programs, employment, contracting, rulemaking and enforcement.

The guidance, released Thursday by the U.S. Department of Justice, updates the Department's 2017 religious liberty memorandum to reflect a series of recent U.S. Supreme Court decisions expanding constitutional protections for religious exercise. It instructs all executive departments and agencies to ensure their policies comply with the First Amendment, the Religious Freedom Restoration Act of 1993 (RFRA), Title VII of the Civil Rights Act and other applicable federal laws.

According to the Justice Department, the revised guidance also emphasizes parental rights, reaffirming recent Supreme Court decisions recognizing parents' constitutional authority to direct the religious upbringing of their children. It further instructs agencies to consider religious liberty concerns when developing regulations, reviewing public comments and enforcing federal laws.

The memorandum also reaffirms protections for religious organizations participating in federal grant and contracting programs and directs agencies to accommodate religious expression by federal employees whenever required by law.

Kelly Shackelford, President, CEO and Chief Counsel of First Liberty Institute, welcomed the administration's action.

"We are tremendously grateful to President Trump for his strong efforts to protect America's first freedom—religious freedom. This updated guidance will ensure that the federal government will respect the religious liberty rights of all Americans when implementing the President's policies. We will continue to fight with the President to ensure that religious liberty is protected for all Americans."

The updated guidance incorporates several landmark Supreme Court decisions, including Kennedy v. Bremerton School District (2022), in which the Court ruled that former Washington high school football coach Joe Kennedy had a constitutional right to engage in a brief, personal prayer on the field after games. The decision held that the Free Exercise and Free Speech Clauses protected Kennedy's private religious expression, even though it occurred in public view.

The memorandum also cites Groff v. DeJoy (2023), in which the Supreme Court strengthened workplace protections for employees seeking religious accommodations. The Court held that employers must show a substantial burden—rather than a minimal one—before denying a religious accommodation under Title VII of the Civil Rights Act.

Acting Attorney General Todd Blanche said the updated policy is intended to ensure federal agencies consistently protect religious liberty.

"Religious liberty is one of our Nation's founding principles and a fundamental right guaranteed by the Constitution. 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 Justice Department said the revised memorandum is the first comprehensive update to its religious liberty guidance since 2017 and reflects nearly a decade of Supreme Court precedent expanding protections for religious individuals and organizations.

The full updated guidance is available HERE.

First Liberty Institute is the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.