Trump panel targets church-state doctrine
Washington, June 27
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.
— IANS
Reader Comments
As someone from a country with deep religious diversity, I find this move concerning. The 'separation of church and state' has protected minority faiths in the US. Without it, we might see majoritarian religion dominating public life - something we Indians have unfortunately seen happen at times. Just my two paise. 🙏
I'm an American living in India for work, and this debate feels familiar. The commission members claim people of faith are being 'persecuted,' but what about protecting those who don't share that faith? In a pluralistic society like India or America, the state has to remain neutral. Otherwise, you end up with religious favoritism in schools and courts. Not a good look. 👎
Actually, I think there's some merit to their argument. The phrase 'separation of church and state' has been used as a cudgel to push all religion out of public life, rather than ensuring no establishment of one faith over another. In India, we have government posts where religious ceremonies happen - it's not about separation, it's about equal treatment. The key is balance, not extreme secularism. Just my observation.
The 'Know Your Rights' guidance sounds fine, but the idea of forcing officials to write explanations every time 'separation' is invoked is absurd. That's a recipe for bureaucratic paralysis. Reminds me of some of our own government overreach back home. You can't legislate every interaction - especially when it comes to faith and state. 😕
The witnesses talking about students being
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