The Ultimate Goal of the Right’s “Religious Liberty” Crusade

A new report from Trump’s Religious Liberty Commission makes clear that this issue is just a stalking horse for a much broader political project to transform America.

“Religion is back in our country, bigger and stronger than it has been in many, many years,” President Donald Trump announced to the Faith and Freedom Coalition on June 26. “Religion’s really …”—he made a rocket-ship sound effect and thrust his finger skyward—“going up. If that were a stock, we’d be very, very rich, all of us.” Great nations have God and religion, and, he added, “if you don’t have that, it just doesn’t seem to work out, does it?” It sounded almost like a threat.

That same day, Trump’s Religious Liberty Commission delivered a full draft of its 224-page report, the centerpiece of which is “12 Recommendations to Strengthen Religious Liberty for All Americans.” Those recommendations include the creation of a Justice Department “religious liberty task force,” production of “Know Your Rights” posters, repealing the Johnson Amendment, and creating “religious liberty violation reporting hotlines/online portals.”

The commission, housed in the DOJ, was established via executive order last year to advise the White House Faith Office and Domestic Policy Council by offering suggestions for how to “preserve and enhance religious liberty” in U.S. law and public life. Chaired by Texas Lieutenant Governor Dan Patrick and vice-chaired by Ben Carson, it is primarily composed of right-wing activists. A few have legal experience; others are prominent religious leaders, politicians, authors—and Dr. Phil.

The report itself is, as legal scholar Micah Schwartzman has put it, “an embarrassing document” (although “shameless” might be more fitting). Still, as we have learned and relearned over the past decade, government officials do not have to be thoughtful, competent, or serious to do real damage. Slapdash and unserious as the report might be, it does its job: laying out how to use the cause of religious liberty to advance right-wing goals.

For over two decades, the Christian conservative legal movement, led by well-funded groups such as Alliance Defending Freedom and with help from the Roberts court, has transformed the idea of religious freedom. The era of “high separation” between church and state is over, and free exercise is a tool reserved primarily for conservative Christians. If the commission’s recommendations are implemented with the DOJ’s backing, they will be the next steps in this broader project. Religious liberty is a banner under which the administration and its allies will continue to undermine other civil rights, dismantle public goods, and insulate certain favored citizens from public accountability.

The commission’s report offers many legal and policy suggestions, but it also seeks a broader cultural shift. “Safeguarding religious liberty,” it claims, “requires more than defending legal rights after they have been violated. It requires cultivating a culture that understands why those rights exist in the first place.” This mission demands that Americans respect religious liberty and the rights it affords, but first they must celebrate and value religion itself.

The premise of the commission’s work is “a simple but profound truth: religious liberty is essential because religion itself is indispensable to a flourishing........

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