The White House announced new rules from nine federal agencies Thursday to help ensure that religious groups have equal access to public benefit programs.
On Jan. 16, Religious Freedom Day, President Donald Trump announced the rules “to protect religious freedom” throughout his administration. Nine federal agencies issued proposed regulations to allow religious institutions equal access to government grants.
The agencies were the Departments of Justice, Agriculture, Labor, Homeland Security, Health and Human Services, Education, Housing and Urban Development, and Veterans’ Affairs, and the U.S. Agency for International Development.
“From its opening pages, the story of America has been rooted in the truth that all men and women are endowed with the right to follow their conscience, worship freely, and live in accordance with their convictions,” President Trump stated in his Proclamation on Religious Freedom Day, 2020.
“On Religious Freedom Day, we honor the foundational link between freedom and faith in our country and reaffirm our commitment to safeguarding the religious liberty of all Americans.”
The regulations seek to ensure that federal government social service programs are administered in line with the First Amendment and the Religious Freedom Restoration Act, so that religious groups are not barred simply on account of their religious status.
The rules were issued in light of the Supreme Court’s 2017 Trinity Lutheran decision, which decided that a church property couldn’t be barred from a state renovation program simply on account of its religious affiliation.
In addition, a memo from the Office of Management and Budget states that the federal agencies themselves would be required to ensure that state recipients are also respecting the First Amendment and not discriminating against religious organizations when administering federal grants.
Currently, 37 states have some form of “Blaine Amendments,” many of them passed during a time of anti-Catholic vitriol to forbid public funding of “sectarian” institutions. The law at the heart of the Trinity Lutheran case was an amendment to Missouri’s Constitution modeled after the Blaine Amendment. The amendments are currently supported as a means of strict separation of church and state.
The president of Alliance Defending Freedom, Michael Farris, stated Thursday that “We affirm the administration’s proposed rules designed to ensure that the government doesn’t treat religious individuals and organizations as second-class to secular institutions.”
One of the nine agencies to issue regulations on Thursday, the Education Department also said it would publish new guidance on prayer in public schools, to improve the reporting process of any violations of a student’s right to prayer at the state and local levels.
“Our actions today will protect the constitutional rights of students, teachers, and faith-based institutions,” said Education Secretary Betsy DeVos.
“The Department’s efforts will level the playing field between religious and non-religious organizations competing for federal grants, as well as protect First Amendment freedoms on campus and the religious liberty of faith-based institutions.”
Trump held an event in the Oval Office Thursday afternoon to mark the release of the updated prayer guidance.