A presidential commission on religious liberty has formally recommended that the Department of Justice (DOJ) issue guidance clarifying the constitutional meaning of the Establishment Clause, arguing that the phrase 'separation of church and state' has been misapplied for decades to suppress religious expression in American public life. The recommendation was presented to President Donald Trump on Friday, 27 June, and ranks among the commission's most consequential proposals.

Key Recommendations

The commission's lead proposal calls on the DOJ to 'issue guidance clarifying the proper understanding of the Establishment Clause and the separation of church and state.' Alongside this, federal agencies would be directed to produce 'Know Your Rights' guidance for students, parents, teachers, religious leaders, healthcare workers, and military personnel.

A further proposal would require any government official who invokes 'separation of church and state' against an individual exercising religious belief to provide a written explanation of how that conduct violates the Constitution. Commission Chairman Dan Patrick framed this as a safeguard against what he described as the routine weaponisation of a phrase absent from the constitutional text.

What the Commission Chair Said

'The overwhelming majority of our witnesses said that they were attacked and punished, and what was used against them was one phrase that's not in the Constitution,' Patrick said. He added that the phrase derived from 'one line out of one of hundreds of letters by Thomas Jefferson' and had been used 'to batter and hammer people of faith for the last 70 to 80 years.'

The commission drew its findings from testimony by 103 witnesses over seven months, with Patrick saying a common thread ran through virtually every account.

Voices from the Commission

Commission member Ryan T. Anderson described a pattern of religious exclusion in public institutions. 'We saw over and over again, students being told they can form a club, but not if it's a religious club. They can speak at commencement, but not if they mention God. Parents can get vouchers, but not if they use it at a religious school,' Anderson said.

Television personality and commission member Phil McGraw argued that the impact extended well beyond houses of worship. 'It's not just the liberty to choose which house of worship they want, it's actually getting into their daily life and they're being persecuted in their jobs, in their professions,' McGraw said.

President Trump's Response

President Trump said his administration would review the report and continue efforts to protect religious liberty. 'We will closely study this report that is being presented to me as president today, and my administration will continue to work with the really the pillars of protecting religious liberty for all Americans,' Trump said.

Broader Implications

If adopted, the DOJ guidance could reshape how federal agencies handle religion-related disputes across schools, government offices, the military, and healthcare settings. This comes amid a broader push by the Trump administration to expand protections for religious expression — a priority that critics argue risks eroding the constitutional boundary between government and religion. The commission's report does not carry the force of law, but DOJ guidance based on its recommendations could significantly influence agency practice and litigation strategy.