The U.S. Department of Justice released revised religious liberty protections guidance on July 23, directing federal agencies to strengthen safeguards for religious exercise across government operations. Acting Attorney General Todd Blanche issued the updated memo, which expands upon guidelines first issued in 2017 and incorporates recent Supreme Court rulings on faith-based rights.
The new guidance instructs all executive departments and agencies to ensure compliance with the Constitution, the Religious Freedom Restoration Act of 1993, Title VII of the Civil Rights Act, and other applicable federal statutes protecting religious practice. The memo interprets the Establishment Clause “in the light of historical practices and understandings,” signaling a shift toward recognizing religious accommodation as consistent with constitutional law rather than a departure from it.
Scope of Religious Protection Broadened
A key provision in the updated guidance extends religious liberty protections beyond individuals to encompass organizations, associations, and certain for-profit corporations. This framing aligns with recent Supreme Court precedent, including the 2014 decision in Burwell v. Hobby Lobby Stores Inc., which held that closely held for-profit businesses could assert religious objections under federal law. That ruling protected the craft retailer, which operates approximately 500 stores and employs roughly 13,000 workers, from a federal mandate to provide contraception coverage in employee health plans.
The guidance also references the 2022 Supreme Court decision in Carson v. Makin, which struck down restrictions on tuition assistance programs that excluded religious schools. These rulings reflect a sustained judicial trend toward recognizing religious exercise as deserving protection in contexts previously thought to fall outside the scope of constitutional safeguards.
Institutional and Constitutional Framework
The DOJ memo establishes RFRA as a governing statute requiring federal agencies to accommodate religious practice unless doing so would impose substantial burden on government interests. The guidance represents an administrative interpretation of how agencies should apply existing law in contexts ranging from employment to education funding to healthcare policy.
Blanche stated that “Religious liberty is one of our Nation’s founding principles and a fundamental right guaranteed by the Constitution,” framing the guidance as a reaffirmation rather than a novel expansion of rights. The memo directs compliance with constitutional and statutory requirements without proposing new legislation.
Context and Next Steps
The updated guidance arrives as federal courts continue to adjudicate disputes involving religious exemptions and institutional religious practice. The Supreme Court is currently considering Colorado’s exclusion of Catholic preschools from a school funding program, a case that tests whether religious schools can be denied public benefits solely because of their faith identity. The guidance may influence how the administration defends such cases.
Earlier this month, Blanche testified before the Senate Judiciary Committee on July 15 regarding his nomination to serve as Attorney General, a position requiring Senate confirmation. He previously served as President Trump’s personal attorney. The DOJ Religious Liberty Commission had released a draft report in June outlining concerns about alleged government hostility toward religious exercise.
The department’s previous effort to secure $1.8 billion for an “anti-weaponization fund” reflects the administration’s stated priority of defending religious liberty claims against what it views as overreach by federal agencies. The July 23 guidance operationalizes that commitment across the executive branch, establishing a framework for reviewing agency policies that may burden religious practice.
Related disputes involving religious exemptions—including the Little Sisters of the Poor’s continued defense of religious exemptions from the contraception mandate and the Solicitor General’s support for Catholic preschools—remain in litigation, where courts will ultimately determine how broadly these protections apply.