The Justice Department’s Religious Liberty Commission presented its final draft report to President Donald Trump on June 26 with recommendations to enhance religious freedom in the United States.
The 224-page draft report recommends that the Justice Department issue guidance clarifying the proper interpretation of the Establishment Clause, a provision of the First Amendment that prevents the government from establishing an official religion, and the separation of church and state.
“The truth is that the phrase ‘wall of separation between church and state’ appears neither in the First Amendment nor anywhere else in the Constitution,” the report stated.
“What the First Amendment does say is that ‘Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.’ In practical terms, that means the government may not take over the functions of a church or coerce religious observance.”
The report also recommends creating a religious liberty task force, distributing “Know Your Rights” posters, and setting up a hotline or online portal for students, parents, teachers, and health care workers to report religious liberty violations.
It calls for the government to repeal the “Johnson Amendment,” a provision in the Internal Revenue Code that prohibits religious institutions and tax-exempt organizations from endorsing or opposing any political candidate.
The Religious Liberty Commission said testimony from religious leaders showed the Johnson Amendment has a “chilling effect” on their ability to provide religious guidance to their communities.
“In many cases the law protects the religious expression of Americans, but government officials and employers often use fear tactics to silence individuals into believing that they don’t have the right to publicly express their faith,” the Justice Department said in a statement announcing the draft report.
In addition, the report suggests giving faith-based institutions “an equal opportunity” to participate in funding opportunities without being required to renounce their religious identity.
It also recommends combating anti-Semitism through the enforcement of civil rights laws and recommends requiring public officials to provide employees accused of engaging in improper religious expression with a written explanation of the alleged violation within 30 days.
The report also suggests creating a Presidential Medal of Religious Liberty and First Freedom Hero Awards to honor Americans who fight for religious freedom and help protect constitutional rights.
The draft report will open for public comment for 15 days.
“We will closely study this report that is being presented to me as president today,” Trump said during a press conference at the Oval Office, adding that his administration would continue working to protect “religious liberty for all Americans.”
The Justice Department said the report’s findings are based on hearings held by the commission over the past year, during which it heard from more than 100 witnesses of diverse ages, faiths, and backgrounds, many of whom said they had experienced religious persecution in the United States.
Trump created the commission through an executive order signed in May 2025, which consists of representatives from the private sector, employers, educational institutions, religious communities, and states, to advise the federal government on strengthening religious liberty protections.