Religious Liberty Commission Issues First Draft Report: Here’s What They Found
WASHINGTON — The Justice Department has released the first draft of a report on religious liberty following a yearlong study ordered by President Donald Trump. The wide-ranging report deals with areas such as public school, the military, and how faith-based organizations should interact with federal grants.
“Because religion has profound implications for individuals and their relationships with the world, religion is a foundational pillar of society and holds important implications for government,” the report says.
The 224-page report is the result of Trump’s executive order issued on May 1, 2025. The commission overseeing the study was chaired by Texas Lt. Gov. Dan Patrick. Members of the commission include Ben Carson, Ryan T. Anderson, Cardinal Timothy Dolan, Franklin Graham, Phil McGraw, Eric Metaxes, Kristen Waggoner and Paula White-Cain, among others.
“The Declaration of Independence cites God as the source of unalienable rights and equality,” the study says. “At times in our history when our country has not lived up to those self-evident truths, religion called the country back.”
Jack Graham, pastor of Prestonwood Baptist Church in Dallas, Texas, served on the advisory board of religious leaders that assisted the commission.
“The Commission’s recommendations reaffirm the fundamental right of every American to follow his or her conscience, strengthen First Amendment protections, combat religious discrimination, and promote greater government accountability,” Graham told Baptist Press.
He said they provide “a timely roadmap for preserving one of America’s most cherished constitutional freedoms for future generations.”
Graham notes that sustaining religious liberty will require “Christians remain informed and engaged in the electoral process,” said Graham. “We must be more actively involved at every level – from local to state to national elections.”
Ethics & Religious Liberty Commission President Evan Lenow says it took “months of hard work” for the report that “highlights that the United States prospers when the people are able to worship freely without restriction from the state.”
The study cites the strong impact faith has had on modern issues such as slavery, women’s rights, parental rights and segregation.
But it not only focuses on the role of religion in the last century, it recalls the voices of the nation’s founders like Thomas Jefferson and John Adams.
“Our Constitution was made only for a moral and religious people,” said Adams. “It is wholly inadequate to the government of any other.”
Religious liberty on campus
The study spends three chapters speaking on the relationship between religion, students, parents and teachers in public elementary and high schools and college campuses.
The commission examined several school-related court cases where religious rights were challenged.
In their findings, they wrote, “While the Constitution protects students’ expression of their faith, in the vast majority of cases, families are often not aware of these legal protections and are understandably afraid to question the authority of school officials,” the study says. “The Commission concludes that it is paramount to ensure that families know their rights and are empowered to take action.”
The report calls for the DOJ to provide additional guidance on students’ religious liberty, including a “Know Your Rights” poster campaign, greater advocacy for school choice, work to support the expansion of the Equal Access Act and create a religious freedom violation portal for “students, parents, and school officials to report public violations of religious liberty rights.”
Religious liberty in the military
The commission also heard from a wide range of members and leaders, including Maj. Gen. Doug Carver (U.S. Army, Ret.). Carver serves as the executive director of chaplaincy and federal endorser for the North American Mission Board.
Carver described how military chaplains have played a key role in military life dating back to the American Revolution.
“Chaplains stood with soldiers at Valley Forge, ministered to the wounded in wartime hospitals, and provided spiritual guidance to troops facing the realities of combat,” he told the commission. “Their role extended beyond formal services to the everyday experiences of service members, offering counsel in moments of grief, fear, and uncertainty.”
Carver said modern concerns are based on restrictions, not relevancy.
“If a Chaplain is told how not to pray or how to pray, you’ve just established religion and you’ve violated the religious liberty,” he said.
The report calls on the DOJ to “continue efforts to restore and compensate COVID-19 vaccination religious objectors,” to issue guidance on religious liberty protections in the military, and to update religious liberty training for military leaders.
It also calls on the Department of War to issue a spiritual fitness guide, to protect religious expression, and conduct religious liberty impact assessments as a part of operational planning.
Religious liberty and faith-based non-profit organizations
The commission heard from Notre Dame law professor Nicole Stelle Garnett, who told them there are “364 statutes and 104 regulations that discriminate against religion in a variety of public programs.”
They also received testimony from organizations such as pregnancy support centers, prison ministries, addiction recovery ministries and faith-based schools.
The report recommends, “The Administration should issue a new Equal Treatment Rule ensuring faith-based groups may compete for federal grants, funds, and contracts on an equal playing field with secular groups without being forced to give up their religious identity or cease ministering according to their beliefs.”
It also calls on the Trump Administration to expand partnership with faith-based organizations and “support litigation upholding church autonomy”.
“The Department of Justice should initiate or support strategic litigation upholding the doctrine of church autonomy, which refers to the rights of houses of worship and faith-based nonprofits to operate their internal affairs according to their religious beliefs without government interference,” the report says.
The commission offered wide-ranging guidance on supporting faith-based schools. The call includes issuing guidance on school choice programs, clarifying that Individuals with Disabilities Education Act funds may follow the child to religious schools and work to lift restrictions on parents using school choice funds at religious schools.
“This report answers practical questions many Southern Baptists may be asking about their religious liberty rights in different contexts and provides thorough legal and policy recommendations to safeguard religious liberty from the federal government,” Lenow said.
The full report is available at the DOJ website. It is open for public comment until July 13.
This article was originally published by Baptist Press.
Brandon Porter serves as Vice President for Communications at the SBC Executive Committee.