Religious Liberty Commission Releases Draft Report

Date announced: June 26, 2026

Executive Order: Release of the Presidential Religious Liberty Commission Draft Report

Key Provisions:

• The White House Religious Liberty Commission released a 224-page draft report outlining recommendations for the President and executive agencies on religious liberty policy. The draft was opened for a 15-day public comment period before being finalized.  
• The report argues that the constitutional principle of "separation of church and state" lacks constitutional basis and instead calls for building "bridges" between religion and government.  
• Among its recommendations, the Commission urges the Administration to issue new Department of Justice guidance on the Establishment Clause, create religious liberty reporting hotlines and a DOJ religious liberty task force, repeal the Johnson Amendment, prioritize religious liberty in judicial nominations, expand religious accommodations throughout the federal government and military, and create a Presidential Medal of Religious Liberty.  

Threats to Religious Freedom:

• The draft report challenges the longstanding constitutional understanding of church-state separation and encourages a reinterpretation of the Establishment Clause that would permit a greater role for religion in public institutions.  
• Several recommendations including expanded religious expression in public schools, increased government support for faith-based organizations, and new federal enforcement mechanisms focused exclusively on religious liberty claims could privilege particular religious viewpoints and weaken protections for Americans of minority faiths or no faith.  
• Constitutional scholars and religious liberty advocates have criticized the report for presenting a selective interpretation of American history that minimizes the Founders' commitment to government neutrality toward religion and religious pluralism.