The Department of Justice on Thursday released updated guidance on federal protections for religious liberty, the first revision since 2017. The memorandum revises and expands the department’s earlier Religious Liberty Guidelines to incorporate U.S. Supreme Court decisions issued over the past nine years.

Guidance Details

Acting Attorney General Todd Blanche said in a statement: “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 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 of 1993, Title VII of the Civil Rights Act, and other applicable federal laws.

The updated memo integrates recent Supreme Court precedent 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.

It emphasizes the Court’s recent precedents confirming that the Constitution protects parents’ ability to direct the religious upbringing of their children. The guidance also highlights constitutional protections that bar government interference in internal religious governance, including employment decisions.

Implementation

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.

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.

Original reporting: Tampa Free Press — read the source article.