Each year in December, I attempt to select the most important church-state and religious liberty developments of the past year. My choices are based on the importance of the development to law or policy. With each pick, I link to one or a few of numerous postings on the topic. Appraising the likely lasting significance of developments in 2025 has been particularly difficult. The selection of top stories obviously involves a good deal of subjective judgment. Indeed, as religion, culture and politics increasingly overlap, there are even questions about whether certain developments should be seen as "religion" stories at all. I welcome e-mail comment at religionclause@gmail.com on my choices. Here are my Top Ten picks:
1. President Trump issues an Executive Order on Combatting Antisemitism. The Trump Administration reaches settlements with some universities, such as Columbia and UCLA, that were charged with antisemitism. The Administration continues to pursue other universities, such as Harvard, for Title VI violations charging antisemitic discrimination.
2. President Trump issues an Executive Order eliminating the recognition of transgender individuals by federal agencies in their policy statements and rules, requiring instead recognition only of immutable biological classifications. The Supreme Court upholds Tennessee's ban on gender-affirming care for minors. The 6th Circuit says Michigan's ban on conversion therapy for minors is unconstitutional. Battles continue over disclosure to parents of students' social transitioning in school. HHS proposes to bar hospitals receiving federal funds from performing gender-affirming care for minors.
3.The Supreme Court says parents have the right to opt children out of class discussions that undermine their family's religious beliefs.
4. Texas and Oklahoma attempt to introduce more religious content into public school classrooms.
5. The IRS says houses of worship can endorse political candidates.
6. Abortion access continues to be the subject of controversy after the reversal of Roe v. Wade. The 4th Circuit says state abortion bans are not pre-empted by FDA regulation of mifepristone. Texas bans mail-order abortion drugs. The 2nd Circuit says information about abortion pill reversal is protected speech.
7. President Trump issues an Executive Order creating the Religious Liberty Commission.
8. The Supreme Court splits 4-4 on the constitutionality of state-funded religious charter schools. A new test case is being assembled.
9. The Department of Homeland Security rescinds its "Sensitive Locations Policy" that severely limited the situations under which immigration enforcement actions could take place at churches, synagogues, mosques and other houses of worship, as well as at various other locations. Suits challenge the DHS action with initial success.
10. The Defense Secretary says he will strengthen the military Chaplain Corps by requiring it to focus on religious faith rather than emotional support.
The Religion News Association has focused on a rather different list of developments for its Top 10 Religion Stories of 2025. Its picks are not limited to legal developments.
