In the Executive Branch

The Center works in a bipartisan manner to advance religious freedom, regardless of the political party in the White House.

Because the federal agencies and departments, as well as the independent commissions, affect the health of religious freedom in a myriad of ways, the Center tracks administrative developments and participates as appropriate in the process.

The Center speaks on behalf of religious freedom through the notice-and-comment rulemaking process, by attending listening sessions with agency staffs, and by sending letters to officials to bring religious freedom concerns to their attention.

The Center worked in a bipartisan manner on various executive branch matters, including the following:

CLS student chapters and other religious student organizations frequently encounter problems in becoming, or remaining, recognized student organizations on public university campuses. To address this problem, the United States Department of Education, in 2020, proposed two regulations that would protect religious student organizations’ ability to remain on public university campuses.

Proposed regulation 34 CFR § 75.500(d) states (and § 76.500(d) is essentially verbatim): “A public institution shall not deny to a religious student organization at the public institution any right, benefit, or privilege that is otherwise afforded to other student organizations at the public institution (including full access to the facilities of the public institution and official recognition of the organization by the public institution) because of the beliefs, practices, policies, speech, membership standards, or leadership standards of the religious student organization.” 85 Fed. Reg. 3190, 3223, 3226 (Jan. 17, 2020).

By 2020, fourteen states had already passed laws that protect religious student groups on public college campuses. Click here to listen to a podcast featuring Mike Schutt and Kim Colby discussing the proposed regulations. Read CLS’s comment letter, its attachments, and Addendum A and Addendum B that was filed February 18, 2020, in support of the proposed regulations.

The campus access regulation became final on September 23, 2020, and effective as of November 23, 2020.

On October 6, 2017, Attorney General Sessions issued guidance pursuant to Executive Order 13798, § 4 (May 4, 2017), for all agencies to use to implement existing religious liberty protections in federal law. The memorandum highlights twenty “Principles of Religious Liberty” and provides guidance for implementing the principles by federal agencies when acting as an employer or engaged in rulemaking, enforcement actions, contracting, or the distribution of grants. A separate memorandum instructed Department of Justice staff how to implement the guidance within the DOJ.

The Center attended one of many listening sessions convened by the DOJ attorneys assigned to work on this project. Representatives of organizations across the political spectrum and representing a diverse range of faiths attended these sessions.

On March 22, 2013, Center Director Kim Colby testified on behalf of robust religious freedom before the United States Commission on Civil Rights at a briefing entitled “Peaceful Coexistence: Reconciling Nondiscrimination Principles with Civil Liberties.” The Commission released its briefing report in September 2016 in which a majority of the commissioners expressed opinions that, in the view of many, exhibited intolerance for religious dissenters. Two commissioners defended a robust vision of religious freedom.

Diverse faith groups protested the report’s intolerance in a letter to President Obama, Speaker Ryan, and President Pro Tem of the Senate Hatch. Read the Center’s testimonyoral statement, the Commission’s briefing report, or a short summary of the Commission’s findings and recommendations, including one commissioner’s statement.

Several months following the Commission’s release, the Senate Judiciary Committee held a hearing on “The State of Religious Liberty in America” at which Kim Colby testified. Read Kim Colby’s congressional testimony that outlines the basic flaws with the Commission’s findings and recommendations.

The Center assisted in drafting the guidelines that formed the basis for the Department of Education guidance letter sent to all school superintendents by both the Clinton and Bush Administrations.

The Center helped craft guidelines that President Clinton issued as guidance for all federal agencies to protect two million federal workers’ religious expression in the workplace. In October 2017, the Trump Department of Justice reaffirmed the validity of the Clinton guidance as having the “force of an executive order.”

Do You Need Help?

Christian Legal Society offers legal assistance for those in need through CLS’ network of Christian Legal Aid clinics and Christian Attorneys’ directory. CLS’ Center for Law & Religious Freedom is also available to address issues related to the infringement of religious freedom.

Find a Christian Attorney
Get Help with Religious Freedom
Find a Legal Aid Clinic