President Trump established the Religious Liberty Commission in May 2025 to advise and report to the President on opportunities to “identify emerging threats to religious liberty, uphold Federal laws that protect all citizens’ full participation in a pluralistic democracy, and protect the free exercise of religion.” On June 26, 2026, the Commission released its draft report, which is based on findings from the 7 hearings that the Commission held over the last year, receiving input from more than 100 witnesses of diverse ages, religions, expertise, and backgrounds, many of whom had experienced religious persecutions in the United States. The hearings specifically covered religious freedom in the military, education, healthcare, the public and private sectors, as well as the importance of protecting parental rights and faith-based institutions, and combatting the rise of anti-Semitism and violence against houses of worship. The draft report contains 12 recommendations to strengthen religious freedom for all Americans:
- Instruct the Department of Justice (DOJ) to issue guidance clarifying the proper understanding of the Establishment Clause and separation of church and state.
- The DOJ, Department of Health and Human Services (HHS), and Equal Employment Opportunity Commission (EEOC) shall issue “Know Your Rights” posters.
- Any public official who alleges a person under their supervision has improperly engaged in religious expression must provide a written explanation of the alleged violation to the person accused within 30 days of any action and explain that charge based upon a specific constitutional provision or provision of law.
- Instruct the DOJ, HHS, and EEOC to create religious freedom violation reporting hotlines/online portals.
- Nominate and confirm federal judges with the courage to decide religious freedom cases on the merits where warranted, rather than engage in improper judicial avoidance.
- Ask the DOJ to create a task force to track and prioritize litigation protecting religious freedom.
- Combat anti-Semitism through enforcement of civil rights laws, litigation of credible allegations of anti-Semitic discrimination and violence, and civic education.
- Protect religious Americans from government-led litigation targeting their free exercise.
- Repeal the Johnson Amendment.
- Order the Department of War to streamline and improve the religious accommodation process.
- Continue efforts to restore the retirement or re-enlistment eligibility for service members who lost employment, health insurance, pensions, and other benefits because of their religious beliefs about the COVID-19 vaccine.
- Honor the courage of religious liberty heroes through creating a Presidential Medal of Religious Liberty and First Freedom Hero Awards to recognize Americans who stand up for religious freedom and play an indispensable role in protecting citizens’ constitutional rights.
The Department of Justice accepted public comments on the draft report through July 13, 2026. The CLS Center for Law & Religious Freedom submitted comments to the draft report. The goal of the final report is to equip all Americans with the knowledge and support needed to defend their constitutional rights.
