Yesterday, the Attorney General issued a 26-page Memorandum to Executive Departments and Agencies (full text) on Federal Law Protections for Religious Liberty. The Memorandum updates and expands one issued in 2017 (see prior posting). According to a Justice Department press release:
Key updates in the guidance include:
Integration of recent Supreme Court precedent. The memo reflects recent judicial decisions 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.
Protection of parental rights. The updated guidance emphasizes the Supreme Court’s recent precedents confirming that the Constitution protects parents’ ability to direct the religious upbringing of their children.
Reaffirmation of church autonomy. The guidance highlights constitutional protections that bar government interference in internal religious governance, including employment.
Expanded direction for federal agencies. 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.
Clarified protections 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.
Safeguards for religious organizations in federal contracting and grant programs. Agencies may not condition an individual’s participation in federal programs on relinquishing their religious character or hiring rights. Religious organizations must be permitted to compete on equal footing with secular organizations....
