Attorney General’s New Guidance on Religious Liberty and Parental Rights

Attorney General Todd Blanche, newly confirmed earlier this month, has made significant strides in religious liberty and parental rights. On July 23, Blanche issued updated guidance to federal agencies regarding the protection of religious liberties. This update provides a decade-long overview of significant Supreme Court rulings, including Carson v. Makin, Kennedy v. Bremerton School Dist., and Fulton v. City of Philadelphia.

The guidance stresses the need for agencies to adhere to the Constitution and the Religious Freedom Restoration Act to avoid further legal battles. Importantly, it highlights that agencies should consider precedents that protect parents’ rights to direct their children’s upbringing. This marks a notable shift, given previous efforts of the Civil Rights Division in areas affecting families.

Traditionally, the division focused more on actions like those under the 1994 FACE Act, used by the Biden administration against political dissenters. The Civil Rights Division worked closely with the abortion industry, often targeting sidewalk counselors. An example is the case of Mark Houck, a Pennsylvania father arrested during a sidewalk altercation. Although he was swiftly acquitted, his arrest highlighted concerns about disproportionate actions.

The FACE Act was built on protecting abortion access as a federally protected interest. However, after the Supreme Court’s decision in Dobbs nullified the constitutional guarantee of abortion, the premise for a federal statute ensuring clinic access diminished. The FACE Act also covers attacks on places of worship and pregnancy help centers, but enforcement was previously lacking. The Justice Department has only recently begun addressing these cases properly.

Blanche’s memo continues to support parental rights, building on prior actions by the department. This year, the Solicitor General’s office filed an amicus brief for a case now pending before the Supreme Court — St. Mary Catholic Parish v. Roy, which questions if Catholic preschools may be excluded from Colorado’s preschool program due to their teachings. Such early involvement by the government is unusual, reflecting the case’s significance.

The Department of Justice also played a critical role in Mahmoud v. Taylor, safeguarding parents’ rights to opt children out of certain classroom instructions. Resources once used against sidewalk counseling might now align with Blanche’s guidance, recognizing constitutional assurances for parents directing their children’s upbringing. This shift promises a more balanced approach, treating parents’ rights with the seriousness once reserved for enforcing clinic security.

Andrea Picciotti-Bayer, director of the Conscience Project and former civil rights attorney, offers insights on these developments.