Religious Liberty Commission Comments Expose a Church-State Split

The public-comment period has closed on a federal Religious Liberty Commission report, but the commission has not issued its final document. The next step is a virtual meeting to review comments and consider whether to finalize the recommendations.

The U.S. Department of Justice says the draft report was released June 26, 2026, and that the public-comment period closed Monday, July 13. As of July 26, the department had not posted a date for the virtual meeting. The Justice Department says attendance information will be posted at least seven days before the meeting.

What the draft proposes

The report is advisory. It does not itself change school prayer rules, federal funding programs, tax law, workplace requirements, military policies or constitutional rights.

The draft recommends federal guidance explaining the Establishment Clause and the relationship between religion and government. It also calls for “Know Your Rights” materials for students, parents, teachers, religious leaders, health care workers and service members; new religious-liberty hotlines or online reporting portals; and written explanations when public officials accuse someone of improper religious expression.

Other proposals would expand access to public funding for faith-based organizations, broaden conscience protections, streamline military religious accommodations and repeal the Johnson Amendment, which limits political campaign activity by tax-exempt organizations. Repealing that provision would require separate legal or legislative action.

Why the language matters

The central dispute is not whether religious exercise deserves protection. It is how the government should protect it while avoiding official favoritism toward religion.

The draft argues for a more balanced or cooperative relationship between church and state and says the traditional separation framework can be misapplied to suppress religious expression. The Associated Press described the report as urging “bridges” between church and state and reported potential implications for schools, public funding, religious speech and conscience exemptions.

That framing has drawn different responses from religious organizations. The Ethics and Religious Liberty Commission, the policy arm of the Southern Baptist Convention, supports many recommendations, including stronger protections for religious speech, faith-based agencies and medical professionals. But it objected to language suggesting religious liberty is something allocated between religion and government, arguing that government recognizes a right rather than grants it.

The North American Division of Seventh-day Adventists also supported stronger free-exercise and workplace protections while warning that the draft’s treatment of the Establishment Clause could weaken government neutrality. The group said church-state separation can protect believers by limiting government control over religious life.

What happens next

The commission’s virtual meeting and any final report are the next concrete developments to watch. Even if the recommendations remain unchanged, implementation would require separate action by federal agencies, Congress, the president, courts or some combination of them.

For students, parents, teachers, government employees, service members, faith-based providers and people who prefer freedom from government-backed religion, the immediate takeaway is limited: the draft is a policy roadmap and constitutional argument, not a new set of enforceable national rules.

Sources

• U.S. Department of Justice, Religious Liberty Commission Resources
• Associated Press