The Department of Justice’s Religious Liberty Commission has submitted a draft report recommending presidential instruction to clarify the proper interpretation of the Establishment Clause, which governs the separation of church and state. The report challenges the long-standing metaphor of a “wall of separation,” noting it is not present in the Constitution and often misused to marginalize religious participation in public life.
The draft stresses that the First Amendment prohibits Congress from favoring one religion, taking over church functions, or compelling religious observance. It traces the “wall of separation” phrase to mid-twentieth century Supreme Court decisions citing Thomas Jefferson’s 1802 letter, written a decade after the First Amendment’s ratification, rather than constitutional text itself.
Alongside the guidance on constitutional interpretation, the commission includes policy recommendations addressing several practical issues. These include enhancing protections for houses of worship against violence and combating antisemitism. The report also supports faith-based organizations’ access to public-private partnerships and grants, emphasizing their role in serving communities.
Regarding the military, the commission urges the Department of Defense—referred to by the draft as the War Department—to simplify the process for religious accommodations. This covers chaplaincy support and service members’ religious practices such as dietary restrictions. Ensuring religious liberty within the armed forces is cited as a priority.
However, notable controversies discussed during the commission’s hearings remain unaddressed in the draft. These include state mandates requiring clergy to report suspected child abuse without clergy-penitent privilege exceptions, and disputes involving Indigenous groups seeking to protect sacred sites on formerly federal land from mining projects.
The commission’s recommendations, slated for formal presentation to the president, aim to reshape how the federal government navigates religion’s place in public affairs without infringing on religious freedoms or government neutrality.