Key facts
- A Trump administration commission's draft report proposes building 'bridges' between church and state.
A Trump administration commission has released a draft report suggesting a shift from the concept of church-state separation to building 'bridges' between them. The report advocates for increased religious expression in public life and broader exemptions for religious objections.
This report signals a potential shift in the interpretation and application of religious freedom principles in the U.S., challenging long-standing legal precedents on church-state separation and potentially impacting public policy, education, and the role of religion in public life.
A draft report from a Trump administration commission suggests a fundamental shift in the understanding of church and state in the United States, proposing the idea of building 'bridges' between them rather than maintaining a strict separation. Released on a Friday, the 224-page document from the Religious Liberty Commission, established by President Donald Trump, echoes the conservative Christian members' support for a more prominent role for religion in government, schools, and public life.
The report applauds recent Supreme Court decisions that have expanded religious expression rights in public settings, including opt-outs for religious objections to school curricula. Among its key recommendations is the elimination of the 'Johnson Amendment,' a long-standing goal for Trump, which prohibits tax-exempt religious groups from engaging in political activities. Additionally, the commission calls for compensation for military service members discharged for refusing COVID-19 vaccines.
More broadly, the report advocates for increased religious expression in the public square, greater access to public funds for faith-based organizations, and wider exemptions for individuals with conscientious objections to policies on issues ranging from vaccine mandates to classroom content and pronoun usage. It also suggests federal agencies should publish 'Know Your Rights' posters and establish hotlines for religious liberty violation complaints. The commission also proposed new honors, such as a Presidential Medal of Religious Liberty.
However, the report is expected to face significant opposition. A coalition of groups, including one that has sued over the commission's alleged lack of ideological diversity, released their own report defending the concept of church-state separation. Critics contend that the commission's perspective is biased, favoring like-minded scholars and activists, and has failed to adequately address issues such as anti-Muslim efforts and the rise of antisemitism. The report emerges as conservative states like Texas are increasing religious displays in public spaces.
Speaking at a Faith & Freedom Coalition event, Donald Trump promoted the report, stating he 'saved religion' and characterizing the Biden administration's policies as a 'reign of persecution.' While the report does not explicitly call the separation of church and state a 'lie,' as the commission's chairman Dan Patrick has previously stated, it largely argues the concept is misapplied. The report clarifies that it does not advocate for 'theocracy' or the complete elimination of separation but rather for acknowledging a 'tension' within the First Amendment's clauses on religious freedom and the prohibition of an established church.
The concept of 'a wall of separation between church and state,' though not in the Constitution, is rooted in Supreme Court precedent, notably stemming from Thomas Jefferson's writings. Historically, this interpretation led to bans on school-sponsored prayer and religious displays. However, recent Supreme Court rulings have allowed for more public religious expression, such as a coach's on-field prayer and religious opt-outs for specific lessons. The commission's report argues that Jefferson himself did not advocate for a complete banishment of religion from public life but for a balance, suggesting that church and state can mutually strengthen each other.