Federal Religious Liberty Expanded
Justice Department Expands Religious Liberty Guidance Across Federal Agencies Post-Supreme Court Decisions
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Key Points
1
Groff v. DeJoy guidance: The memo explicitly ties Sabbath and other religious accommodations to Groff v. DeJoy, stating that covered employers must adjust work schedules for Sabbath observance and religious holidays even if costs are incurred, unless those costs are substantial in the overall context.
2
Protection of internal governance: The updated guidance asserts that the government may not interfere in the internal governance of religious organizations, including employment decisions made in accordance with their religious mission.
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Parental rights beyond homeschooling: The memo highlights a constitutional right for parents to direct their children's religious upbringing and education, citing Mahmoud v. Taylor as part of reinforcing this protection.
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Heckler’s veto prohibition: The guidance rejects the idea that religious expression can be silenced in public or by government action through a heckler’s veto, emphasizing that Establishment concerns should not suppress religious activity in the public square.
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RFRA and Title VII emphasis across agencies: The memo expands protections by explicitly referencing the Religious Freedom Restoration Act and Title VII of the Civil Rights Act, signaling broader application of protections to federal programs, rulemaking, and enforcement.
Acting U.S. Attorney General Todd Blanche has issued the first update to federal religious liberty guidance since 2017, directing every federal agency to expand protections for religious expression, church autonomy, and parental rights. The revised memo cites a string of recent Supreme Court rulings and the Religious Freedom Restoration Act, known as RFRA, to set new rules for how agencies handle programs, hiring, contracts, and enforcement, according to OSV News.
The update comes as Blanche's own Senate confirmation as attorney general faces scrutiny, and as the broader debate over religious freedom in federal policy heats up. The Dialog reported that the new guidance replaces and expands the earlier Jeff Sessions memo, aiming to give clearer, stronger protections to religious groups interacting with the federal government.
New Rules Tie Religious Accommodations to Groff v. DeJoy
One of the biggest changes involves workplace accommodations. Under the updated guidance, employers covered by federal law must adjust schedules for Sabbath observance and religious holidays. They can only refuse if the cost is substantial relative to the whole organization — not just inconvenient. This standard comes directly from the Supreme Court's 2023 ruling in Groff v. DeJoy, according to Tampa Free Press.
The memo also strengthens Title VII of the Civil Rights Act protections. Title VII bars employment discrimination based on religion. By linking RFRA and Title VII together, the guidance signals that religious accommodations must now be taken more seriously across all federal programs and agencies, Catholic Courier reported.
Government Barred from Meddling in Church Hiring and Governance
The guidance makes clear that federal agencies cannot interfere in how religious organizations run themselves. That includes who they hire or fire. If a church or religious school makes an employment decision tied to its religious mission, the government must stay out. This is called "church autonomy," and the memo treats it as a firm constitutional limit, according to OSV News.
The memo also rejects what is called a "heckler's veto" — the idea that religious expression can be shut down just because someone objects to it. The guidance says the Establishment Clause, which bars the government from favoring one religion, should not be used as a tool to push religion out of public life entirely, Tampa Free Press reported.
Parental Rights to Direct Children's Religious Education Reinforced
The updated guidance also takes a firm stand on parental rights. Parents have a constitutional right to direct their children's religious upbringing and education, the memo states. It cites the recent case Mahmoud v. Taylor as backing for that position. WND reported that the guidance frames this as a direct counter to efforts to impose certain school curricula on religious families without opt-out options.
The memo does not limit this right to homeschooling families. It applies broadly, covering religious education choices in private schools and other settings. This wider scope is one of the key expansions beyond the 2017 guidelines, according to The Dialog.
Establishment Clause Reinterpreted Through Historical Lens
The guidance instructs agencies to read the Establishment Clause — the part of the First Amendment barring a government-sponsored religion — through the lens of historical practices rather than modern tests. This lines up with the Supreme Court's shift in cases like Kennedy v. Bremerton School District, where the Court moved away from older frameworks. Catholic Courier noted the memo draws heavily on these rulings to rebalance free exercise and establishment concerns.
The goal, according to the Justice Department, is to make sure equal treatment for religious groups is the rule, not the exception. Religious organizations must have the same access to public programs as secular ones. The memo calls on agencies to audit their rules and enforcement practices to make sure they comply, OSV News reported.
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