Trump panel targets church-state doctrine
Washington: A presidential commission on religious liberty has urged the Justice Department to formally clarify the constitutional understanding of the Establishment Clause, arguing that the phrase “separation of church and state” has been wrongly used for decades to limit religious expression in American public life.
The recommendation, presented to President Donald Trump on Friday, is among the commission’s most significant proposals and could reshape how federal agencies interpret disputes involving religion in schools, government institutions, the military and healthcare.
Commission Chairman Dan Patrick said testimony from 103 witnesses over seven months revealed a common concern among people who appeared before the panel.
“The overwhelming majority of our witnesses said that they were attacked and punished, and what was used against them was one phrase that’s not in the Constitution,” Patrick said. “And that phrase is separation of church and state.”
Patrick argued that the phrase, which he said came from “one line out of one of hundreds of letters by Thomas Jefferson”, had been used “to batter and hammer people of faith for the last 70 to 80 years.”
The commission’s first recommendation calls on the Department of Justice to “issue guidance clarifying the proper understanding of the Establishment Clause and the separation of church and state.” It also recommends that federal agencies issue “Know Your Rights” guidance for students, parents, teachers, religious leaders, healthcare workers and military service members.
Patrick also proposed that government officials invoking “separation of church and state” against individuals exercising their religious beliefs should be required to explain, in writing, how the person’s conduct violates the Constitution.
“If they allege separation of church and state, that public official must, in writing, explain how that person has violated the Constitution,” Patrick said.
“Because, again, the separation of church and state is not in the Constitution.”
President Trump said his administration would review the report and continue working to protect religious liberty.
“We will closely study this report that is being presented to me as president today, and my administration will continue to work with the really the pillars of protecting religious liberty for all Americans,” Trump said.
Commission member Ryan T. Anderson said witnesses repeatedly described instances where religion had been excluded from public life.
“We saw over and over again, students being told they can form a club, but not if it’s a religious club. They can speak at commencement, but not if they mention God. Parents can get vouchers, but not if they use it at a religious school,” Anderson said.
Television personality Phil McGraw, a commission member, said witnesses described discrimination extending beyond places of worship into everyday life.
“It’s not just the liberty to choose which house of worship they want, it’s actually getting into their daily life and they’re being persecuted in their jobs, in their professions,” McGraw said.