View the Original .pdfThe 1-Minute Brief
What: Executive Order 14291 establishes the Religious Liberty Commission to advise the White House on protecting and promoting religious freedom in the United States.
Money: The Department of Justice will provide funding and administrative support for the Commission's work, as permitted by law and existing appropriations. Commission members will serve without compensation but may have travel expenses covered.
Your Impact: The Commission's recommendations could lead to new federal policies or laws that affect how religious freedom is balanced with other civil rights in areas like education, healthcare, and the workplace.
Status: The Executive Order was signed by the President on May 1, 2025, and the Religious Liberty Commission was established on the same day.
What's Actually in the Bill
Executive Order 14291 creates the Religious Liberty Commission, a body tasked with examining the state of religious freedom in the U.S. and advising the executive branch. The order asserts that the policy of the executive branch is to "vigorously enforce the historic and robust protections for religious liberty enshrined in Federal law." It frames religious freedom as the nation's "first freedom" and cites a need to reacquaint Americans with this principle to protect it from what it describes as emerging threats.
Core Provisions:
- Establishes the Religious Liberty Commission: The order formally creates the Commission under the Department of Justice.
- Commission Membership: It will have up to 14 members appointed by the President, representing various sectors of society. Ex officio members include the Attorney General, the Secretary of Housing and Urban Development, and the Assistant to the President for Domestic Policy.
- Advisory Boards: Three advisory boards will support the Commission: one of religious leaders, one of lay leaders, and one of legal experts.
- Mandate: The Commission is directed to produce a comprehensive report by July 4, 2026, on the foundations of religious liberty, its impact on society, current threats, and strategies for its preservation.
- Policy Advice: The Commission will advise the White House Faith Office and the Domestic Policy Council on religious liberty policies and may recommend executive or legislative actions.
- Termination: The Commission is set to terminate on July 4, 2026, unless extended by the President.
Stated Purpose (from the Sponsors):
The executive order states it was created to address recent federal, state, and local policies that are perceived as threatening religious liberty. The stated goals are to:
- Promote citizens' pride in the nation's history of religious freedom.
- Identify emerging threats to religious liberty.
- Uphold federal laws that protect full participation in a pluralistic democracy.
- Protect the free exercise of religion from government infringement.
Key Facts:
Affected Sectors: Healthcare, Education, Government, Non-profit sector.
Timeline: The Commission must produce its report by July 4, 2026.
Scope: The Commission's focus is on domestic religious liberty but may also identify opportunities to partner with the Ambassador at Large for International Religious Freedom.
The Backstory: How We Got Here
Timeline of Events:
The Shifting Landscape of Religious Freedom (2010s-Present):
The debate over religious liberty in the U.S. has intensified over the past decade, often centering on conflicts between religious beliefs and anti-discrimination laws. This tension became more prominent following the Supreme Court's 2015 decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide.
During his first term, the President who issued this order signed Executive Order 13798, "Promoting Free Speech and Religious Liberty," on May 4, 2017. That order aimed to ease restrictions on political speech by religious organizations and address conscience-based objections to healthcare mandates. Following this, the Attorney General issued a memorandum in October 2017 with guidance on federal law protections for religious liberty.
Cases involving bakers, florists, and other business owners who declined to provide services for same-sex weddings, citing religious objections, have made their way through the courts, highlighting the ongoing legal and cultural clashes.
Why Now? The Political Calculus:
- The issuance of this executive order appears to be a fulfillment of a campaign promise to supporters and a continuation of the administration's first-term focus on religious freedom.
- It responds to a perception among some conservatives and religious groups that religious liberty is under attack from secularizing cultural trends and governmental actions.
- The order specifically mentions threats like the "debanking of religious entities," conscience protections in healthcare, and parental rights in education, which are all prominent issues in current political discourse.
- By establishing a formal commission, the administration is creating a dedicated body to institutionalize these concerns and generate policy recommendations, solidifying this issue as a key part of its agenda.
Your Real-World Impact
The Direct Answer: This directly affects religious institutions, faith-based social service providers, and individuals with strong religious convictions, but its long-term effects could influence laws that apply to all Americans.
What Could Change for You:
Potential Benefits:
- Individuals and organizations with religious objections to certain services (e.g., in healthcare or education) might see expanded legal protections and accommodations.
- Parents seeking to use public funds for religious schooling could find more support if the Commission's recommendations lead to policy changes.
- Religious institutions may face fewer restrictions on receiving government funding or participating in public programs.
Possible Disruptions or Costs:
Short-term (1-2 years):
- Increased litigation is likely as new policies based on the Commission's work are implemented and challenged in court.
- Public debate may become more polarized around issues of religious freedom versus civil rights.
Long-term:
- The legal balance between religious freedom and anti-discrimination laws, particularly concerning LGBTQ+ rights and reproductive healthcare, could be significantly altered.
- The principle of the separation of church and state could be redefined, potentially allowing for greater religious involvement in the public sphere.
Who's Most Affected:
Primary Groups: Faith-based schools, hospitals, and charities; religious leaders and their congregations; individuals with conscience-based objections to certain workplace requirements.
Secondary Groups: LGBTQ+ individuals, women seeking reproductive healthcare, and secular advocacy groups who may see a shift in non-discrimination protections.
Regional Impact: The impact may be felt more strongly in states with existing legal battles over religious exemptions and school choice programs.
Bottom Line: The creation of this Commission is a significant step toward potentially reshaping federal policy to provide stronger protections for religious expression and conscience, which could alter the rights and services available to different groups of Americans.
Where the Parties Stand
Republican Position: "Defending Our First Freedom"
Core Stance: Republicans strongly support robust protections for religious liberty, viewing it as a foundational, God-given right that is under threat.
Their Arguments:
- ✓ They champion the right to act on one's beliefs in daily life, not just in places of worship.
- ✓ They support conscience protections for individuals and businesses, allowing them to refuse services that violate their religious beliefs.
- ✓ The 2024 Republican platform supports a federal task force to combat "Anti-Christian Bias."
- ✗ They generally oppose measures that they believe compel individuals or groups to violate their conscience, such as certain healthcare mandates or anti-discrimination laws that conflict with their religious views.
Legislative Strategy: The party's strategy aligns with this executive order: establishing commissions, issuing guidance, and supporting legislation to strengthen religious freedom protections.
Democratic Position: "Freedom and Equality for All"
Core Stance: Democrats support religious freedom as a core American value but maintain that it should not be used to discriminate against others or undermine other civil rights.
Their Arguments:
- ✓ They support the First Amendment's guarantee of religious freedom and the separation of church and state.
- ✓ They advocate for protecting religious minorities from hate crimes and discrimination.
- ⚠️ They are concerned about the use of broad religious exemptions to deny services, particularly to LGBTQ+ individuals and in the context of reproductive healthcare.
- ✗ They oppose policies that they believe favor certain faiths over others or entangle government with religion.
Legislative Strategy: Democrats generally focus on passing comprehensive civil rights legislation, like the Equality Act, which aims to provide non-discrimination protections for sexual orientation and gender identity, and have expressed that such protections should not be overridden by religious freedom claims.
Constitutional Check
The Verdict: ✓ Constitutional
Basis of Authority:
The President is issuing this executive order based on the authority vested in the office by the Constitution and the laws of the United States to direct the functions of the executive branch.
Relevant Portion of the Constitution: The First Amendment states, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."
Constitutional Implications:
Free Exercise Clause: The executive order aligns with the "free exercise" clause by seeking to protect individuals' and institutions' ability to practice their faith without government interference.
Establishment Clause: The order's constitutionality hinges on whether its implementation is seen as advancing a particular religion or excessively entangling government with religion. The order itself establishes a commission to advise on policy, which is a standard executive function.
Precedent: The Supreme Court has a long history of cases interpreting both religion clauses. Recent decisions have been more accommodating of religious expression in the public square and have supported conscience protections.
Federalism: The recommendations of the Commission could influence federal laws and funding, which may in turn impact state and local policies, but the executive order itself does not directly overstep state authority.
Potential Legal Challenges:
Legal challenges are highly likely, not against the existence of the Commission itself, but against the policies that may result from its recommendations. Advocacy groups focused on the separation of church and state, such as Americans United for Separation of Church and State, and civil rights organizations like the ACLU, will likely monitor the Commission's work closely and challenge any resulting policies they view as discriminatory or as a violation of the Establishment Clause.
Your Action Options
TO SUPPORT THIS BILL
5-Minute Actions:
- Contact the White House: Express your support for Executive Order 14291 and the mission of the Religious Liberty Commission.
- Share Information: Share articles and official statements about the Commission with your social networks to raise awareness.
30-Minute Deep Dive:
- Write a Detailed Email: Send a message to your elected representatives and the Department of Justice, outlining why you support stronger protections for religious freedom.
- Join an Organization: Join and support groups that advocate for religious liberty, such as:
- Alliance Defending Freedom
- National Council for Religious Freedom
- Institutional Religious Freedom Alliance
TO OPPOSE THIS BILL
5-Minute Actions:
- Call Your Rep/Senators: Capitol Switchboard: (202) 224-3121. "I'm a constituent from [Your City/Town] and I am concerned that Executive Order 14291 could be used to undermine civil rights. I urge [Rep./Sen. Name] to ensure that religious freedom is not used to justify discrimination."
30-Minute Deep Dive:
- Write a Letter to the Editor: Submit a letter to your local newspaper expressing your concerns about the potential for the Religious Liberty Commission to erode the separation of church and state.
- Join an Organization: Join and support groups that advocate for the separation of church and state and oppose the use of religion to discriminate, such as:
- Americans United for Separation of Church and State
- American Civil Liberties Union (ACLU)