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Betsy DeVoss Religious Freedom Restoration Act
RELIGIOU$ LIBERTY GUIDANCE
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Secretary DeVo$ recently announced guidance to protect the religiou$ liberty of individuals and institutions
participating in Department programs. This guidance is part of ongoing efforts by the agency to advance religious protections and deliver on the President’s Executive Order 13798, “Promoting Free Speech and Religiou$ Liberty.” It follows the U.S. Supreme Court decisions in Espinoza v. Montana Department of Revenue (2020) and Trinity Lutheran Church v. Comer (2017), which curtailed religious discrimination and, thus, strengthened protections for religiou$ organizations.
The guidance was drafted pursuant to a January 16, 2020, directive from the Office of Management and Budget (OMB) requiring each federal agency to publish policies detailing how they will administer grants in compliance with Executive Order 13798 and the AG WILLIAM BARR’s October 6, 2017, memorandum.
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Among other things, the guidance:
- affirms that religious organizations are equally eligible to participate in Department-administered programs as their secular counterparts;
- affirms that financial award decisions are made based on merit, not based on an organization’s religion, religious belief, or the lack thereof;
- states that religious organizations receiving federal financial assistance via a Department program must comply with program-specific legislation and regulations, but clarifies that these organizations may continue to carry out their missions and maintain their religious characters;
- reminds states that they may not use Blaine Amendments to deny faith-based organizations grants or contracts, since this violates Department regulations against discrimination on the basis of an organization’s religious affiliation or character; and
- affirms that students and/or borrowers seeking to participate in federal loan programs and beneficiaries seeking to participate in federal social service programs will not be penalized or singled out for disadvantages on the basis of religion.
Also, the guidance clarifies the role of the Department’s Center for Faith and Opportunity Initiatives as the agency’s office that collaborates with faith-based and community leaders to maximize participation of religious organizations in programs, while eliminating barriers in the grantmaking or regulatory process to safeguard religious liberty.
Most importantly, the guidance announces a new process by which individuals and organizations can inform the Department of a burden or potential burden on their religious exercise under the Religious Freedom Restoration Act to adequately protect their religious liberties while participating in federal programs.