Onward to a New Era of the Liberties of Religion--Executive Order: "Establishment of the Religious Liberty Commission;" Plus the "Fact Sheet" and the "Press Release"

 

Pix credit here

“As we bow our heads this beautiful day in the Rose Garden on the National Day of Prayer, we once again entrust our lives, our liberties, our happiness to the Creator who gave them to us and who loves us,” said Trump, a self-described “nondenominational Christian,” before signing the order. (here)

Pix credit here

 From the time of the start of migrations of European and African peoples to North America, religion has played a quite interesting role in the formation, history and ordering of the Republic. That history, in turn, has been spiced with the distilled memories (cognitively crafted in strategically positive ways) of the interactions between people, communities of believers (believers in something or other), and the institutions of public and private social, economic and political collectives. There has been a delightful semiotic quality to this history. That semiosis centers on the dialectics between the manufacturing of narrative from facts, and its interaction with the cognitive imperatives of the reality ordering premises of these communities of believers. That semiotics has infected the judicial apparatus of the federal union that emerged in the late 18th century. But like a virus that has managed to avoid killing its host, this viral semiotic dialectics  now lives in symbiosis with the apparatus of state power, including, but not limited to its manifestation as a judicial mechanism.  That symbiotics adds a layer of dialectic to the process of mediating between collective power centers--state and religion--made necessary in a political society that sought to avoid the auto-immune disorders that, in the form of religious wars, had weakened the body of the  places from which many of the migrants to North America had fled. 

Pix credit here

The challenge for the Republic comes from the fundamentally dynamic character of dialectics, and the equally changing character of the relationship between religious, political, social, and economic communities as they each sought some place within the power systems institutionalized  in the governance organs of state and other institutions. While each of these communities seek some sort of static equilibrium, the history of the Republic suggests something like generational equilibrium--every seventy to one hundred years, the inter-community stasis  forged in one age gives way to another. Much of this is fueled not by theory but by death (old actors die), and changing circumstances. As a consequences the fundamental dialectics between facts and cognitive premises for ordering reality (and understanding the "meaning" of history and function) changes, and sometimes dramatically, from age to age. But like the movie "Fight Club" the firts rule of this multi-level semiotic dialectics is deny that it exists, or that this is what is being done.  In past that is true--semiotic dialectics works best when undertaken by humans in whom is instilled the fundamental idea that  that is neither semiotics nor the possibility of cognitive variation--that, indeed, there is a perfect answer and an unvarying ordering premise that has been given by an unchanging history, or manifestation of some exogenous force with the power and willingness to do so. This first rule--that one must work within the system received, of course, is the fundamental ordering premise that provides the space within which one can rationalize the world around one, and when embedded within a community of believers, serves as the basis for (coercive and embedded) social relations and its disciplinary structures. It is only within those structures that one can engage in "fight club"--beyond that is the "other." One does speak to cognition--one debates the "truth" and "application" of what is received  from and through fact based narratives around which the details of this received (coded) cognitive cage is materialized.

Pix credit The Guardian

This turning of the wheel of time is especially evident in the Religion Clauses of the U.S. federal constitution, and especially in the judicial construction of the narratives and meaning premises on which a jurisprudence of the moment is constructed, protected, challenged, and then overturned in favor of another in about 70-100 year intervals. Over the course of the last century and a half or so, the gyrations of conceptions of the relationship between religion (however it may defined from time to time) and the state (however it is conceived since 1865) in the way the Supreme Court (and the political branches with which judicial pronouncements are an important element of yet another dialectics) has approached both the "story" of the Religion Clauses and its manifestation in the rules and standards, the objectives, with which it is infused from one age to another. Today the great arc of ideology bound up in the "story" of the Religon Clauses is both coming to one end and re-emerging as a "new story", a glad tidings for the current stage of the historical development of this Republic, peopled as it is by those now living ("O Zion, that bringest good tidings, get thee up into the high mountain; O Jerusalem, that bringest good tidings, lift up thy voice with strength; lift [it] up, be not afraid; say unto the cities of Judah, Behold your God! " Isaiah 40:9).

Pix credit here

The great ideological-narrative rock of Reynolds v. United States, 98 U.S. 145 (1878) and Everson v. Bd. of Educ. (330 U.S. 1 (1947)) and its walls of separation ideology, and it protection of religious belief and its manifestation in a community's cultus) has given way to the emerging metaphysical foundations of Espinoza v. Montana Department of Revenue, 591 U.S. 464 (2020) and Kennedy v. Bremerton School District, 597 U.S. 507 (2022) and its protection of individual religious expression against the state, and the rights of religious institutions to both the privilege of the Religion Clauses and the equal treatment otherwise with other institutions in State regulatory initiatives. Nonetheless, as I mentioned elsewhere, not all narrative tell a story completely, and all truth is grounded in the perceptions and intent of those who tell it. One recites catechistic teaching in a certain way over and over for a reason--the chanting like sutras, rather than what they say, becomes the thing. But the thing is effectively empty until filled, like the human person, and what can be filled cam also be emptied and refilled. If one assumes for the moment that lawyers and judges are parts of a closed system the self preservation of the prerogatives and positions of which are paramount, then the narrative assumes a different form. But that is the devil singing; and narrative devil are cast back to Hell. And this is Hell: both sides of this litigation can completely truthfully agree that independent lawyers are critical to the function of a judicial system overseen by independent judges. 

And both sides look at the system from different ends and see threats in mirror reverse. Each of these jurisprudential vessels were filled with a factual narrative that, when considered against those posited by those justices in opposition suggests the way in which ideological and cognitive premises deeply affect one approaches fact and one weaves narrative in the service of and to validate a foundational set of ordering premises and objectives that are not subject to debate, but that are, in effect, always debated. None of this is specific to the Religion Clauses (see, e.g., Constructing a "Homosexual" for Constitutional Theory: Sodomy Narrative, Jurisprudence, and Antipathy in United States and British Courts) but it has particular resonance in a field of law that is, to some extent, built on the (mis)telling of stories that serve as the rock on which the Courts have built their jurisprudential churches of the moment.

 Now that is a narrative position worth unpacking! And so it shall be. . . by a Religious Liberty Commission now established by President Trump: Establishment of the Religious Liberty Commission, May 1, 2025. Its functions are narrative building, one that builds on the return to a "Golden Age" discursive trope that marks the structuring discourse of President Trump's 2nd Administration. Section 1 of the Executive order broad brushes that ideological-normative vision (and thus "Americans need to be reacquainted with our Nation’s superb experiment in religious freedom in order to preserve it against emerging threats." Ibid., §1). Section 2(b)(iii) of the Executive order specifies the RLC charge:

The Commission shall produce a comprehensive report on the foundations of religious liberty in America, the impact of religious liberty on American society, current threats to domestic religious liberty, strategies to preserve and enhance religious liberty protections for future generations, and programs to increase awareness of and celebrate America’s peaceful religious pluralism.

A number of specific initiatives, ones that drive the legislative governance agenda of the present Administration, are also specified.  More generally, §2(b)(iv) provides that " The Commission shall advise the White House Faith Office and the Domestic Policy Council on religious liberty policies of the United States." This, of course, will all be fodder for the Courts, the jurisprudence of which will proivude the basis for discourse for the next generation or so. To those ends, facts will have to be consumed, and thus consumed, wpoven into the sorts of stories that then can feed the jurisprudence that is emerging, as well as the oppoisiotnal jurisprudence that will be waiting in the wings.

Pix credit here

 The text of the Executive Order, the Fact Sheet: President Donald J. Trump Establishes the Religious Liberty Commission, and President Trump Announces Religious Liberty Commission Members follow below.

 

Presidential Actions

ESTABLISHMENT OF THE RELIGIOUS LIBERTY COMMISSION

Executive Orders

May 1, 2025

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1.  Purpose and Policy.  It shall be the policy of the executive branch to vigorously enforce the historic and robust protections for religious liberty enshrined in Federal law.  The Founders envisioned a Nation in which religious voices and views are integral to a vibrant public square and human flourishing and in which religious people and institutions are free to practice their faith without fear of discrimination or hostility from the Government.  Indeed, the roots of religious liberty stretch back to the early settlers who fled religious persecution in Europe, seeking a new world where they could choose, follow, and practice their faith without interference from the Government.  The principle of religious liberty was enshrined in American law with the First Amendment to the Constitution in 1791.  Since that time, the Constitution has protected the fundamental right to religious liberty as Americans’ first freedom.
During my first term, I issued Executive Order 13798 of May 4, 2017 (Promoting Free Speech and Religious Liberty).  Pursuant to that order, the Attorney General issued a memorandum for all executive departments and agencies (agencies) titled “Federal Law Protections for Religious Liberty” on October 6, 2017.  The Supreme Court has also continued to vindicate the Founders’ commitment to religious liberty, including by giving effect to the principle that religious voices should be welcomed on an equal basis in the public square.
In recent years, some Federal, State, and local policies have threatened America’s unique and beautiful tradition of religious liberty.  These policies attempt to infringe upon longstanding conscience protections, prevent parents from sending their children to religious schools, threaten loss of funding or denial of non-profit tax status for faith-based entities, and single out religious groups and institutions for exclusion from governmental programs.  Some opponents of religious liberty would remove religion entirely from public life.  Others characterize religious liberty as inconsistent with civil rights, despite religions’ vital roles in the abolition of slavery; the passage of Federal civil rights laws; and the provision of indispensable social, educational, and health services.
President Ronald Reagan reminded us that “freedom is never more than one generation away from extinction.”  Americans need to be reacquainted with our Nation’s superb experiment in religious freedom in order to preserve it against emerging threats.  Therefore, the Federal Government will promote citizens’ pride in our foundational history, identify emerging threats to religious liberty, uphold Federal laws that protect all citizens’ full participation in a pluralistic democracy, and protect the free exercise of religion.

Sec. 2.  Establishment of the Religious Liberty Commission.  (a)  There is hereby established the Religious Liberty Commission (Commission).
(b)  The Commission shall function as follows:
(i)     The Commission shall be composed of up to 14 members appointed by the President.  Members of the Commission shall include individuals chosen to serve as educated representatives of various sectors of society, including the private sector, employers, educational institutions, religious communities, and States, to offer diverse perspectives on how the Federal Government can defend religious liberty for all Americans.  The President shall designate a Chairman and Vice Chairman from among the members.  The Commission shall also include the following ex officio members or such senior officials as those members may designate:
                 (A)  the Attorney General;
                 (B)  the Secretary of Housing and Urban Development; and
                 (C)  the Assistant to the President for Domestic Policy.
(ii)    Members appointed to the Commission shall serve one term ending on July 4, 2026, which marks the 250th anniversary of American Independence.  If the term of the Commission is extended by the President beyond July 4, 2026, members shall be eligible for reappointment for a 2-year term.  Members may continue to serve after the expiration of their terms until the appointment of a successor.
(iii) The Commission shall produce a comprehensive report on the foundations of religious liberty in America, the impact of religious liberty on American society, current threats to domestic religious liberty, strategies to preserve and enhance religious liberty protections for future generations, and programs to increase awareness of and celebrate America’s peaceful religious pluralism. Specific topics to be considered by the Commission under these categories shall include the following areas: the First Amendment rights of pastors, religious leaders, houses of worship, faith-based institutions, and religious speakers; attacks across America on houses of worship of many religions; debanking of religious entities; the First Amendment rights of teachers, students, military chaplains, service members, employers, and employees; conscience protections in the health care field and concerning vaccine mandates; parents’ authority to direct the care, upbringing, and education of their children, including the right to choose a religious education; permitting time for voluntary prayer and religious instruction at public schools; Government displays with religious imagery; and the right of all Americans to freely exercise their faith without fear or Government censorship or retaliation.
 (iv)    The Commission shall advise the White House Faith Office and the Domestic Policy Council on religious liberty policies of the United States.  Specific activities of the Commission shall include, to the extent permitted by law, recommending steps to secure domestic religious liberty by executive or legislative actions as well as identifying opportunities for the White House Faith Office to partner with the Ambassador at Large for International Religious Freedom to further the cause of religious liberty around the world.
(v)     Members of the Commission shall serve without any compensation for their work on the Commission.  Members of the Commission, while engaged in the work of the Commission, may be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in Government service (5 U.S.C. 5701-5707), consistent with the availability of funds.
(vi)    To advise members of the Commission:
             (A)  An Advisory Board of Religious Leaders shall be designated by the President and shall consist of not more than 15 members.  The Advisory Board of Religious Leaders shall be a subcomponent of the Commission and report to the Chairman of the Commission; 
              (B)  An Advisory Board of Lay Leaders from religious congregations shall be designated by the President and shall consist of not more than 15 members.  The Advisory Board of Lay Leaders shall be a subcomponent of the Commission and report to the Chairman of the Commission; and
              (C)  An Advisory Board of Legal Experts shall be designated by the President and shall consist of the Attorney General, or the Attorney General’s designee, and not more than 10 attorneys.  The Advisory Board of Legal Experts shall be a subcomponent of the Commission and report to the Chairman of the Commission.
(vii)   The Commission shall terminate on July 4, 2026, which marks the 250th anniversary of American Independence, unless extended by the President.
(viii)  The Department of Justice shall provide such funding and administrative and technical support as the Commission may require, to the extent permitted by law and as authorized by existing appropriations.
(ix)    Insofar as the Federal Advisory Committee Act (chapter 10 of title 5, United States Code) may apply to the Commission or any of its Advisory Boards, any functions of the President under that Act, except for those in sections 1005 and 1013 of that Act, shall be performed by the Attorney General, in accordance with the guidelines and procedures established by the Administrator of General Services.

Sec. 3.  Severability.  If any provision of this order, or the application of any provision to any agency, person, or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other agencies, persons, or circumstances shall not be affected thereby.

Sec. 4.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:
(i)   the authority granted by law to an executive department or agency, or the head thereof; or
(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b)  This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)  This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

                              DONALD J. TRUMP



THE WHITE HOUSE,
    May 1, 2025.

 

Fact Sheet: President Donald J. Trump Establishes the Religious Liberty Commission

The White House

May 1, 2025

ESTABLISHING THE RELIGIOUS LIBERTY COMMISSION: Today, President Donald J. Trump signed an Executive Order establishing the Religious Liberty Commission to safeguard and promote America’s founding principle of religious freedom.

• The Religious Liberty Commission will be comprised of a Chairman and Vice Chairman designated by the President, ex officio government officials, and additional members from diverse religious and professional backgrounds, including clergy, legal experts, academics, and public advocates.
• The Commission is tasked with producing a comprehensive report on the foundations of religious liberty in America, strategies to increase awareness of and celebrate America’s peaceful religious pluralism, current threats to religious liberty, and strategies to preserve and enhance protections for future generations.
  • Key focus areas include parental rights in religious education, school choice, conscience protections, attacks on houses of worship, free speech for religious entities, and institutional autonomy.
• The Commission will advise the White House Faith Office and the Domestic Policy Council on religious-liberty policies and recommend executive or legislative actions to protect these freedoms.
• Advisory boards of religious leaders, lay leaders, and legal experts will provide specialized guidance as subcomponents of the commission.

PROTECTING AMERICA’S FIRST AMENDMENT RIGHT: President Trump is addressing emerging threats to religious liberty to ensure Americans can freely practice their faith without government interference.

• The United States Constitution enshrines the fundamental right to religious liberty in the First Amendment.
• Recent Federal and State policies have undermined this right by targeting conscience protections, preventing parents from sending their children to religious schools, threatening funding and non-profit status for faith-based entities, and excluding religious groups from government programs.
• The previous administration’s Department of Justice targeted peaceful Christians while ignoring violent, anti-Christian offenses.
• This Commission will investigate and recommend policies to restore and safeguard religious liberty for all Americans.

STANDING UP FOR RELIGIOUS FREEDOM: President Trump has a proven record of defending religious liberty and is committed to preserving this cornerstone of American democracy.

• In his first term, President Trump signed an Executive Order on “Promoting Free Speech and Religious Liberty.”
  • He also protected conscience rights, ensured equal access to funding for religious institutions, and defended faith communities against government overreach.
• On the campaign trail, President Trump reaffirmed his commitment to protecting America’s religious freedoms.
• Since returning to office, President Trump has signed several executive actions to strengthen religious liberty, including:
  • Marshalling all Federal resources to combat the explosion of anti-Semitism on our campuses and in our streets since October 7, 2023.  
  • Establishing a White House Faith Office to bring faith leaders from across the nation to the table and ensure their voices are heard at the highest levels of our government.
  • Creating the “Task Force to Eradicate Anti-Christian Bias” at the Department of Justice to end the anti-Christian weaponization of government and unlawful targeting of Christians.

President Trump Announces Religious Liberty Commission Members

The White House

May 1, 2025

Today, the President signed an Executive Order establishing the Religious Liberty Commission during the National Day of Prayer event in the Rose Garden. President Trump designated the following individuals to serve on the Religious Liberty Commission.

Texas Lieutenant Governor Dan Patrick (Chair). Dan Patrick was first elected Lt. Governor of Texas in 2014 and then re-elected in 2018 and 2022. He previously spent over 40 years in the media as a television anchor, conservative talk show host, and successful radio station owner. Lt. Governor Patrick led the Texas Senate in passing legislation to end the teaching of critical race theory in public schools, abolish DEI practices in our universities, place “In God We Trust” in the Texas Senate, and add “Under God” to the state pledge of allegiance. He produced the awarding winning film, “The Heart of Texas.” That film led him to start a four-year seminary program in Texas prisons in 2011. The program is now the largest in the world. In 2002, long before he was in office, Lt. Gov. Patrick wrote The Second Most Important Book You Will Ever Read, a challenge to read the most important book ever written, the Bible.  

Dr. Ben Carson (Vice Chair). Rising from poverty to become one of the most renowned pediatric neurosurgeons in the world, Dr. Ben Carson served as Secretary of Housing and Urban Development during the first Trump Administration. Dr. Carson is the founder of the American Cornerstone Institute. His most recent book, The Perilous Fight, outlines what needs to be done to restore the foundations of family in America.

Ryan T. Anderson. Ryan Anderson, Ph.D., is the President of the Ethics and Public Policy Center. He is the author or co-author of five books, including several related to religious liberty. Anderson received his bachelor of arts degree from Princeton University and his doctoral degree in political philosophy from the University of Notre Dame. In addition to leading the Ethics and Public Policy Center, Anderson serves as the John Paul II Teaching Fellow in Social Thought at the University of Dallas.

Bishop Robert Barron. Author, speaker, and theologian, Bishop Robert Barron reaches millions of people around the world through his Word on Fire ministry, a Catholic media nonprofit that produces podcasts, videos, books, articles, and Gospel meditations. Since 2023, Bishop Barron has served as the Bishop of the Diocese of Winona-Rochester in Minnesota.

Carrie Prejean Boller. Former Miss California USA and Miss USA first runner-up in 2009, Boller is the author of Still Standing: The Untold Story of My Fight Against Gossip, Hate, and Political Attacks.

Cardinal Timothy Dolan. Cardinal Timothy Dolan is the Archbishop of New York. A member of the Board of Trustees of The Catholic University of America, Cardinal Dolan previously served as president of the United States Conference of Catholic Bishops and also completed terms as chair of the Bishops’ Committee on Pro-Life activities and the Bishops’ Committee for Religious Liberty. 

Pastor Franklin Graham. Pastor Franklin Graham is the president and CEO of the Billy Graham Evangelistic Association (BGEA) and of Samaritan’s Purse, an organization that provides disaster relief and medical aid around the globe.

Allyson Ho. Partner at Gibson, Dunn, & Crutcher, Allyson Ho has established herself as one of the United States’ premier appellate lawyers. She has presented over 100 oral arguments in federal and state courts nationwide, including five cases before the U.S. Supreme Court.

Dr. Phil McGraw. The longtime host of Dr. Phil and bestselling author, Dr. McGraw holds a doctorate in psychology. His most recent book, We’ve Got Issues: How You Can Stand Strong for America’s Soul and Sanity, encourages Americans to reclaim the principles of hard work, independence, faith, and ingenuity.

Eric Metaxas. Writer, speaker, and radio host, Eric Metaxas has written dozens of books, including the national bestseller, Bonhoeffer: Pastor, Martyr, Prophet, Spy. The story of Dietrich Bonhoeffer was so beloved by readers that it was made into a major motion picture. Metaxas has testified before Congress on the global rise of anti-Semitism and been awarded the Canterbury Medal by the Becket Fund for Religious Freedom.

Kelly Shackelford. President and Chief Executive Officer of First Liberty Institute, Shackelford is a constitutional scholar who has argued before the United States Supreme Court, winning numerous landmark religious liberty cases. Shackelford has testified before Congress on religious liberty issues and served as an Adjunct Professor at the University of Texas Law School.

Rabbi Meir Soloveichik. Rabbi Meir Soloveichik is Rabbi of Congregation Shearith Israel—the oldest Jewish congregation in the United States. He also serves as the Director of the Straus Center for Torah and Western Thought at Yeshiva University, and as a Senior Scholar at the Tikvah Fund. Rabbi Soloveichik has lectured internationally on topics relating to faith in America, the Hebraic roots of the American founding, Jewish theology, bioethics, wartime ethics, Jewish-Christian relations, and more. His recent book, Providence and Power: Ten Portraits in Jewish Statesmanship, profiles some of the great Jewish leaders throughout history. 

Pastor Paula White. Pastor Paula White is the founder and president of Paula White Ministries and the National Faith Advisory Board. She is the overseer and a teaching pastor at StoryLife Church in greater Orlando, Florida. Pastor White was an advisor to President Donald Trump in the Faith and Opportunity Initiative during his first term in office, and now she serves as the Senior Advisor to the White House Faith Office.