Attorney General’s Focus on Religious Liberty and Parental Rights

Attorney General Todd Blanche, confirmed earlier this month, has quickly made an impact on religious liberty and parental rights. On July 23, he issued updated guidance to federal agencies on religious liberty protections. This document reviews Supreme Court decisions such as Carson v. Makin, Kennedy v. Bremerton School Dist., and Fulton v. City of Philadelphia. It instructs agencies to comply with the Constitution and the Religious Freedom Restoration Act to avoid legal confrontations.

One significant instruction requires agencies to acknowledge parents’ constitutional right to direct their children’s upbringing. This marks a shift from the Civil Rights Division’s past focus, which involved actions like the FACE Act against political objectors. Passed in 1994, the FACE Act was used to curb protesters against abortion, often in coordination with the abortion industry.

Mark Houck, a Pennsylvania father, experienced an armed home raid due to a sidewalk altercation concerning his son. Although acquitted, the government paid a substantial settlement. The Department’s Task Force has noted FACE Act cases were often based on tips aimed at silencing critics. The FACE Act was underpinned by the notion of federally protected abortion access, which changed following the Dobbs decision. This decision clarified that abortion is not a constitutional right, collapsing the federal premise for clinic access protection.

The FACE Act also covers access disruptions to places of worship and pregnancy centers. However, enforcement was lacking, as seen post-Dobbs leak when vandalism occurred. Congress noted this non-enforcement even as the Department pursued sidewalk counselors.

Blanche’s guidance builds on prior actions emphasizing parental rights. The Solicitor General filed an amicus brief supporting St. Mary Catholic Parish v. Roy, pending in the Supreme Court, which questions Colorado’s exclusion of Catholic preschools from its preschool program based on religious beliefs.

Previously, the Department played a role in Mahmoud v. Taylor, affirming parents’ rights to exempt children from certain classroom content. The Department plans to realign resources in line with Blanche’s guidance, acknowledging parental rights and rectifying past selective legal practices against faith practitioners.

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

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