Trump's Religious Liberty Commission released draft report urging DOJ to narrow Establishment Clause protections

On June 26, 2026, the Presidential Advisory Commission on Religious Liberty — a federal advisory body created by Trump executive order and chaired by figures who have publicly stated that "there is no separation of church and state" — released a 12-point draft report recommending that the Department of Justice issue enforcement guidance to narrow First Amendment Establishment Clause protections. The report formally proposes replacing the foundational constitutional concept of church-state separation with the concept of building "bridges" between church and state, calling for greater government entanglement with religion. President Trump personally met with the commission on the day of the report's release and stated publicly, "We're going to bring religion back."

The Establishment Clause of the First Amendment, as interpreted since Everson v. Board of Education (1947), bars the federal government from establishing a religion, preferring one religion over others, or using government power to promote religious practice. The commission's draft report targets this doctrine directly by recommending executive branch action — DOJ enforcement guidance — rather than seeking legislative change through Congress or constitutional amendment through the courts. The report's 12 recommendations also include eliminating the Johnson Amendment, a federal tax provision that prohibits tax-exempt religious organizations from endorsing or opposing political candidates, a change that would further entangle organized religion with electoral politics.

Among the commission's additional recommendations: compensating military personnel who were discharged for refusing COVID-19 vaccines on religious grounds. Critics noted the commission lacked ideological diversity and failed to address concerns about anti-Muslim discrimination and rising antisemitism in its framing of religious liberty. The draft report was published for 15 days of public comment before finalization.