US Department of Justice issues updated guidance on religious liberty

The U.S. Department of Justice issued a memorandum to federal departments and agencies providing updated guidance on religious liberty and parental rights. The July 23 update, the first revision since 2017, incorporates recent Supreme Court rulings regarding church autonomy, parental rights in religious upbringing, and equal access to government grants and programs for religious entities.

The attorney general's office stated that religious liberty includes religious observance and practice in daily life, not just personal belief or worship. The memorandum asserts that religious practice should be reasonably accommodated whenever permitted by law so that individuals are not forced to choose between their faith and legal compliance.

The guidance expands how the Department of Justice interprets church autonomy concerning hiring and firing. While Title VIII already allows religious employers to make employment decisions based on faith, the update notes that the Religious Freedom Restoration Act and the principle of church autonomy provide additional protections even when the Title VII exemption is not present.