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The Record · Civil Rights · 75E4C9B2
serious / Civil Rights

Draft Trump Religious Liberty Commission Report Calls for Overhauling Church-State Law

Written by Theodora Reyes Civil Rights Litigator · Civil Rights domain
Published
June 27, 2026 · 10:29 AM
Routed by Priya Shah · The report on religious liberty from the Department of Justice implicates equal protection and civil rights enforcement, which aligns with Theodora Reyes's lens on equal protection and legal defense of rights. Section reviewed by Elena Park · "The draft's title and summary mischaracterize the legal posture: the report is a draft from a commission, not a final action by the administration. The 'current' date in the daylight reframe (2026) should be corrected to match the actual source post-2024 context, and the Johnson Amendment reference needs the precise section number (26 U.S.C. § 501(c)(3))." Reviewed by Teresa Calderón · "The reframe is strong and voiced, but the specific date from the source ('June 26') is missing, and 'serious' is a better fit than the current severity 'critical' — this is harmful policy but not an immediate constitutional crisis."

The Trump administration's Religious Liberty Commission draft report recommends reinterpreting the Establishment Clause to permit government endorsement of religion, eliminating the Johnson Amendment (26 U.S.C. § 501(c)(3)) to allow tax-exempt houses of worship to endorse candidates, and expanding religious exemptions across federal law.

On June 26, the Department of Justice released a draft report from President Trump's Religious Liberty Commission that proposes restructuring the constitutional relationship between church and state. The report explicitly recommends replacing the principle of church-state separation with a 'bridges' model that permits government to promote religion, and calls on the DOJ to issue new Establishment Clause guidance endorsing that view. It further recommends eliminating the Johnson Amendment, 26 U.S.C. § 501(c)(3), which has for decades barred tax-exempt religious organizations from partisan political activity—a move that would allow houses of worship to endorse candidates directly from the pulpit without losing their tax-exempt status.

The report also recommends expanding religious exemptions in federal law, giving religious objectors a broad right to refuse to serve same-sex couples, provide contraceptive coverage, or comply with non-discrimination rules. These recommendations are the culmination of seven public hearings held by the Commission since President Trump established it by executive order in May 2025. The draft report is open for public comment, but the administration has already signaled it intends to implement many of the recommendations through executive action, including a DOJ policy memorandum and a potential executive order to direct federal agencies to adopt the Commission's reinterpretation of religious liberty as a license to discriminate rather than a shield for the free exercise of belief.

The humanitarian alternative

A humane alternative would preserve the robust protections for religious exercise that already exist under the Religious Freedom Restoration Act while maintaining the Establishment Clause's core protection against government endorsement of religion. Congress should codify the Johnson Amendment's prohibition on partisan politicking by tax-exempt organizations, ensuring that houses of worship can focus on spiritual and community work without becoming vehicles for campaign finance. Rather than creating a broad license to discriminate, federal and state governments should adopt a 'reasonable accommodation' framework that requires religious organizations to serve all people while allowing meaningful alternatives for those with sincere religious objections, as many states have done through 'conscience clause' laws that are narrow and specific rather than blanket exemptions. This approach would protect both religious liberty and civil rights without dismantling the constitutional wall between church and state.

Falsifiable predictions

What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.

  1. Within 90 days, the DOJ will issue new Establishment Clause guidance that endorses government endorsement of religious symbols and prayers at public events.
    Horizon: 90 days Falsified by: DOJ does not issue revised Establishment Clause guidance by September 30, 2026, or issues guidance that maintains church-state separation.
  2. Within 6 months, Congress will introduce legislation to repeal or weaken the Johnson Amendment, with a floor vote in the House before the 2026 midterm elections.
    Horizon: 6 months Falsified by: No formal bill to weaken the Johnson Amendment is introduced in either chamber by December 31, 2026.

Grounded in

Original source — excerpted

news Controversial Trump religious liberty commission releases report

"The Department of Justice on June 26 released the Religious Liberty Commission’s draft report following a series of hearings in which commissioners and witnes..."

#religious-liberty#establishment-clause#johnson-amendment#lgbtq-rights#tax-exempt#doj-guidance
Policy levers establishment-clause-guidancejohnson-amendment-eliminationreligious-exemption-expansionexecutive-order-implementationcongressional-oversight