Justice Department orders agencies to halt religious restrictions on federal aid

The Department of Justice’s Office of Legal Counsel released a landmark opinion on August 25, stating that federal agencies must cease enforcing prohibitions on religious conduct for organizations that receive public funds. The opinion, triggered by a request from the Department of Health and Human Services, holds that such restrictions breach the Free Exercise Clause of the First Amendment and should be dropped across all federal programs, from child-care to food banks.

While the guidance compels agencies like HHS to act immediately, it also calls on state and local governments to respect the same constitutional principle. States such as Florida, Oklahoma and Iowa have already begun dismantling similar rules, but California’s legislature recently approved a bill that would reduce reimbursements for special-needs students attending schools with religious instruction. The article warns that without broader compliance, faith-based groups risk losing vital resources and urges litigation where governments fail to follow the OLC’s direction.