EXECUTIVE ORDER
SAFEGUARDING RELIGIOUS LIBERTY AND DEFINING THE DISTINCT ROLES OF RELIGIOUS AND CIVIL INSTITUTIONS
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby order:
SECTION 1. PURPOSE AND POLICY STATEMENT
The United States of America is a constitutional federal republic founded upon the principles of ordered liberty, where religious freedom and civil governance must coexist under constitutional authority. This order affirms and implements these foundational principles by establishing clear guidance on the distinct roles, responsibilities, and limitations of religious institutions and civil authorities.
The First Amendment declares “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This constitutional mandate, coupled with Article VI’s prohibition of religious tests for public office, establishes the framework for religious liberty in our Republic. These principles reflect the divine wisdom expressed in Scripture, where Jesus Christ Himself declared, “Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s” (Matthew 22:21).
This Administration recognizes that religious liberty constitutes our first freedom, not merely by its position in the Bill of Rights, but by its fundamental nature as a God-given right. The exercise of religious liberty precedes the formation of the American Republic and transcends human government. As the Declaration of Independence affirms, human beings “are endowed by their Creator with certain unalienable Rights.” The government exists not to grant these rights but to protect them.
SECTION 2. CONSTITUTIONAL AND HISTORICAL FOUNDATIONS
The American Republic emerged from a profound understanding that civil government must protect religious liberty while refraining from establishing or favoring any particular religious tradition. The Founders’ wisdom reflects both biblical truths and hard-learned historical lessons about the dangers of entangling religious and civil authority.
Our constitutional system recognizes the supreme authority of God while establishing a civil government that protects the rights of all citizens regardless of their religious convictions. As President George Washington declared in his Farewell Address, “Of all the dispositions and habits which lead to political prosperity, religion and morality remain indispensable supports.”
Scripture affirms legitimate civil authority. The Apostle Paul commands in Romans 13:1-7 that believers submit to governing authorities within their proper sphere. However, when civil authorities exceeded their jurisdiction by commanding the Apostles to cease preaching, Peter and John responded, “We ought to obey God rather than men” (Acts 5:29). This biblical principle establishes both the legitimacy and the limitations of civil authority.
SECTION 3. DEFINITIONS AND SCOPE
For purposes of this order:
“Religious Institution” encompasses any organization whose primary purpose involves religious worship, teaching, or practice, including but not limited to churches, synagogues, mosques, temples, religious schools, seminaries, and faith-based charitable organizations.
“Civil Authority” refers to all governmental entities at federal, state, and local levels operating under constitutional and statutory authority.
“Religious Liberty” encompasses the God-given and constitutionally protected right to believe, worship, teach, and practice religion without government interference, subject only to the minimal restrictions necessary to protect life, property, and the equal rights of others.
SECTION 4. FOUNDATIONAL PRINCIPLES
The relationship between religious institutions and civil authorities in the American Republic rests upon these foundational principles:
A. Divine Origin of Rights
Religious liberty originates not from government grant but from divine endowment. The First Amendment does not create religious freedom but recognizes and protects this pre-existing right. Civil authorities must acknowledge this limitation on governmental power.
B. Legitimate Spheres of Authority
Civil government possesses legitimate authority to maintain order, protect rights, and promote the general welfare within constitutional bounds. Religious institutions possess legitimate authority in matters of faith, doctrine, and religious practice. Each must respect the proper jurisdiction of the other.
C. Reciprocal Independence
Religious institutions must remain free from government control or coercion in matters of faith and doctrine. Civil authorities must remain free from religious control or domination in matters of civil governance. This reciprocal independence protects both religious liberty and civil order.
EXECUTIVE ORDER [CONTINUED]
SECTION 5. CIVIL AUTHORITY LIMITATIONS AND RESPONSIBILITIES
This order restricts federal executive agencies and officers from exceeding their constitutional bounds in matters touching religious liberty while affirming their duty to protect this fundamental right.
A. Constitutional Restraints
Federal agencies shall not:
- Compel religious observance
- Establish or favor any religious tradition
- Interfere with religious doctrine or practice
- Fund inherently religious activities
- Require religious tests for office, employment, or benefits
- Regulate internal religious affairs
B. Affirmative Duties
Federal agencies shall:
- Protect religious exercise from substantial government burden
- Accommodate religious practice absent compelling government interest
- Enforce generally applicable laws without religious discrimination
- Preserve equal access to public benefits and forums
- Prevent religious discrimination in federally funded programs
- Protect religious expression in federal workplaces
SECTION 6. SPECIFIC PROTECTIONS AND IMPLEMENTATIONS
A. Religious Employment
Religious institutions maintain full authority to:
- Select leaders according to religious criteria
- Hire employees who uphold their religious mission
- Establish conduct standards based on religious beliefs
- Make employment decisions on religious grounds
Federal contractors and grantees receive these protections when religious identity proves essential to organizational mission and purpose.
B. Religious Education
Religious educational institutions maintain authority to:
- Teach religious doctrines without interference
- Establish curriculum incorporating religious viewpoints
- Maintain admission standards reflecting religious values
- Enforce conduct codes based on religious beliefs
Federal funding for secular educational purposes shall not restrict these fundamental rights.
C. Healthcare and Social Services
Religious healthcare providers and social service organizations may:
- Operate according to religious principles
- Decline procedures violating religious conscience
- Partner with the government while maintaining religious identity
- Receive equal access to grants and contracts
Federal agencies shall respect religious conscience while ensuring public access to essential services.
D. Public Property and Forums
Religious expression on public property receives protection when:
- Privately initiated
- Equally accessible to all faiths
- Not creating government endorsement
- Preserving historical religious elements
- Following neutral time, place, and manner restrictions
Federal agencies shall accommodate religious expression while avoiding establishment concerns.
SECTION 7. ENFORCEMENT AND OVERSIGHT MECHANISMS
A. Office of Religious Liberty Protection
This order establishes within the Department of Justice the Office of Religious Liberty Protection (ORLP) to:
- Monitor compliance with this order across federal agencies
- Investigate alleged violations
- Provide technical assistance
- Issue implementing guidance
- Coordinate interagency religious liberty efforts
- Report annually to the President
The Attorney General shall appoint as Director an individual demonstrating expertise in constitutional religious liberty protections.
B. Agency Religious Liberty Officers
Each federal department and agency head shall designate a senior official as Religious Liberty Compliance Officer to:
- Ensure departmental compliance
- Review proposed regulations
- Provide employee training
- Coordinate with ORLP
- Process religious accommodation requests
- Report violations
C. Review Procedures
The Office of Management and Budget shall:
- Review proposed regulations for religious liberty impacts
- Require religious liberty impact analyses
- Ensure adequate religious accommodation provisions
- Coordinate with ORLP on significant cases
- Monitor agency compliance
- Report violations to the President
SECTION 8. REMEDIES AND DISPUTE RESOLUTION
A. Administrative Remedies
Federal agencies shall:
- Establish clear procedures for religious liberty complaints
- Process accommodation requests promptly
- Provide written explanations for denials
- Offer administrative appeals
- Maintain confidential records
- Report outcomes to ORLP
B. Alternative Dispute Resolution
The ORLP shall:
- Offer mediation services
- Facilitate negotiations
- Provide neutral evaluation
- Issue advisory opinions
- Recommend solutions
- Track resolution outcomes
C. Judicial Enforcement
Nothing in this order shall:
- Impair private rights of action
- Restrict judicial remedies
- Limit constitutional claims
- Create new causes of action
- Expand government liability
- Affect existing court orders
SECTION 9. INTERAGENCY COORDINATION
A. Religious Liberty Council
This order establishes the Interagency Religious Liberty Council to:
- Coordinate implementation
- Share best practices
- Develop uniform standards
- Address common challenges
- Recommend improvements
- Report to the President
The Attorney General shall chair the Council with ORLP providing staff support.
B. Agency Responsibilities
Federal agencies shall:
- Participate in Council meetings
- Share relevant information
- Coordinate enforcement efforts
- Adopt consistent interpretations
- Follow Council guidance
- Submit annual reports
SECTION 10. TRAINING AND EDUCATION REQUIREMENTS
A. Federal Personnel Training
All federal employees shall receive training on:
- Constitutional religious liberty principles
- Proper accommodation procedures
- Prohibited discriminatory practices
- Protected religious expression
- Enforcement mechanisms
- Reporting requirements
The Office of Personnel Management shall develop standardized training materials incorporating ORLP guidance.
B. Specialized Training
Enhanced training requirements apply to:
- Agency religious liberty officers
- Supervisory personnel
- EEO investigators
- Contract officers
- Grant administrators
- Human resource specialists
The ORLP shall establish certification standards for these positions.
SECTION 11. PUBLIC ENGAGEMENT AND TRANSPARENCY
A. Public Information
Federal agencies shall:
- Maintain public religious liberty websites
- Publish accommodation procedures
- Provide complaint instructions
- Report aggregated statistics
- Share best practices
- Respond to inquiries
B. Stakeholder Engagement
The ORLP shall:
- Host regular stakeholder meetings
- Seek public comment on guidance
- Maintain advisory committees
- Conduct outreach programs
- Issue public reports
- Foster dialogue
C. State and Local Coordination
Federal agencies shall:
- Share religious liberty resources
- Provide technical assistance
- Support training programs
- Facilitate information exchange
- Promote best practices
- Respect jurisdictional limits
SECTION 12. GENERAL PROVISIONS
A. Severability
The provisions of this Order maintain independent effect. If any provision faces invalidation, the remaining provisions continue in full force.
B. Prior Orders
This Order supplements, not supersedes, existing religious liberty protections. Previous executive orders remain effective where consistent with this Order.
C. Implementation Deadline
Federal agencies shall:
- Begin immediate implementation
- Complete initial compliance within 180 days
- Submit implementation reports
- Establish ongoing monitoring
- Maintain documentation
- Update procedures as needed
SECTION 13. DEFINITIONS AND INTERPRETATION
A. Constitutional Foundation
This Order shall receive interpretation consistent with:
- First Amendment protections
- Constitutional structure
- Supreme Court precedent
- Statutory requirements
- Treaty obligations
- Fundamental rights
B. Rule of Construction
Nothing in this Order shall:
- Create private rights
- Expand existing rights
- Diminish existing protections
- Impair statutory rights
- Affect state authority
- Limit judicial review
SECTION 14. EFFECTIVE DATE AND DURATION
This Order takes effect immediately and remains in force until modified or revoked by the President.
IN WITNESS WHEREOF, I have hereunto set my hand this [DATE] day of [MONTH], in the year of our Lord [YEAR], and of the Independence of the United States of America the [NUMBER].
[PRESIDENT’S SIGNATURE]
THE PRESIDENT OF THE UNITED STATES OF AMERICA
This Executive Order establishes comprehensive protections for religious liberty while maintaining proper constitutional boundaries between civil and religious authorities. It provides clear guidance, robust enforcement mechanisms, and the necessary flexibility to address evolving challenges. Most importantly, it upholds both biblical principles and constitutional requirements in our federal republic.
The Order acknowledges that religious freedom represents our first liberty - not by mere constitutional placement but by its nature as a God-given right. It establishes practical protections while avoiding entanglement between government and religion. Through careful balance and clear boundaries, it serves the interests of all Americans regardless of faith tradition while preserving our constitutional system.
