DOJ Updates Religious Liberty Guidance for Federal Agencies
On July 23, 2026, the Department of Justice released updated guidance for how executive departments and agencies should handle federal religious-liberty issues. DOJ says the update is not a new statute or a court ruling—it revises a 2017 framework to reflect intervening U.S. Supreme Court decisions and to guide agency decisions across employment, contracting and grants, rulemaking, and enforcement.
What DOJ issued on July 23, 2026
In a DOJ Office of Public Affairs announcement, Acting Attorney General Todd Blanche said the department released updated guidance to strengthen federal protections for religious liberty. DOJ characterized the update as the first revision since 2017, made to reflect significant Supreme Court decisions issued over roughly the past nine years.
DOJ’s guidance is directed at “executive departments and agencies.” It directs agencies to ensure federal programs, employment practices, contracting, rulemaking, and enforcement actions comply with the Constitution, the Religious Freedom Restoration Act (RFRA) of 1993, Title VII of the Civil Rights Act, and other applicable federal laws.
What changed from the 2017 guidance
DOJ says the 2017 framework is being revised and expanded. In its summary of the update, DOJ highlights several practical changes agencies are expected to incorporate:
- Integration of recent Supreme Court precedent that DOJ says clarifies the scope of the First Amendment, RFRA’s broad protection of religious liberty, and the requirement of equal treatment toward religious organizations in government programs.
- Protection of parental rights, emphasizing constitutional protections for parents’ ability to direct the religious upbringing of their children.
- Reaffirmation of church autonomy, including constitutional protections DOJ says bar government interference in internal religious governance, including employment.
- Expanded direction for federal agencies, including proactively considering religious-liberty impacts when developing rules and policies, designating officers to review regulatory proposals for compliance, and considering religious-liberty concerns raised during notice-and-comment.
- Clarified protections in federal employment, including DOJ’s instruction that agencies follow recent Office of Legal Counsel opinions when accommodating religious expression and practice in the workplace (including scheduling accommodations and workplace religious expression).
- Safeguards for religious organizations in federal contracting and grant programs, including a directive that agencies may not condition participation on relinquishing religious character or hiring rights—and must permit religious organizations to compete on equal footing with secular organizations.
Where agencies are told to apply religious-liberty review
DOJ’s announcement lays out five operational areas where executive agencies are expected to build religious-liberty considerations into decision-making:
- Programs and day-to-day operations, so agencies treat religious exercise as including religious conduct in daily life—not just belief and worship.
- Employment practices and accommodations, including workplace scheduling and religious expression accommodations.
- Contracting and grant administration, including rules for federal program participation and contracting/grant competition.
- Rulemaking, including internal compliance review and attention to notice-and-comment input.
- Enforcement, including expectations that enforcement actions respect RFRA and other legal protections.
The legal anchors DOJ emphasizes: RFRA and Title VII
DOJ’s announcement repeatedly ties the guidance to compliance with statutory and constitutional requirements. It specifically directs agencies to comply with RFRA (1993) and Title VII of the Civil Rights Act, while emphasizing that religious exercise includes religious conduct in daily life and should be reasonably accommodated whenever practicable and permitted by law.
Parental rights and “church autonomy” in federal administration
Two parts of DOJ’s summary are likely to matter to families and to religious organizations that interact with the federal government.
First, DOJ says the update emphasizes Supreme Court precedents recognizing constitutional protections for parents’ ability to direct their children’s religious upbringing. Second, DOJ says the guidance reaffirms protections against government interference in internal church governance, including employment.
For readers, the practical point is process: DOJ is telling agencies to build these considerations into how they evaluate rules, employment policies, program participation questions, and enforcement decisions—not to guarantee a particular result in every individual dispute.
What to watch next (and how readers may feel the change)
Because this is agency guidance, the effects will typically show up through implementation rather than immediate nationwide outcomes. DOJ says agencies are being directed to take steps such as updating internal review processes, compliance tools, and regulatory review procedures—along with attention to public input during notice-and-comment.
For readers who interact with federal programs—through employment, federal grants, government contracting, or regulatory participation—the “watch next” items are:
- Agency rollout documents that translate DOJ’s memorandum into internal checklists or training.
- New or revised agency policy language for religious accommodations in hiring and workplace settings.
- Contract and grant administration updates reflecting DOJ’s stated approach to religious character and hiring-related protections.
- Rulemaking references to religious-liberty impact review steps during rule development and notice-and-comment.
If you work for a federal contractor or a religious organization competing for federal assistance—or you’re seeking a religious accommodation in a federal workplace context—the most useful near-term question is how the specific agency is applying DOJ’s stated RFRA/Title VII framework in its current decision process.
Sources
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