New DOJ Memo Gives Priority to ‘Religious Liberty’ Cases
Move Called a ‘Wholesale Politicization of DOJ’s Work’
The Justice Dept. published a memo Wednesday and updated the U.S. Attorneys’ manual to prioritize religious liberty cases and ensure they are prosecuted in a manner consistent with Sessions’ “Principles of Religious Liberty.”
The memo directs U.S. Attorneys to immediately notify the Associate Attorney General of lawsuits “raising any significant question concerning religious liberty.” It also directs U.S. Attorneys to coordinate with the DOJ on strategy and even obtain approval from the DOJ on cases involving “the Free Exercise Clause, Establishment Clause, or Religious Freedom Restoration Act.”
It’s a follow up to Sessions’ sweeping announcement back in October that the DOJ will prioritize religious liberty cases over the rights of LGBT people, which included the 20 religious liberty principles.
The manual update instructs United States Attorneys Offices to have “designated religious liberty coordinators.”Â
The head of Lawyers’ Committee for Civil Rights Under Law weighed in, calling today’s move “astonishing.”
This is astonishing. Most US Attorneys’ Offices don’t even have a civil rights point of contact. This newly created “religious liberty” position is wholesale politicization of DOJ’s work. https://t.co/XBw1J723pB
— Kristen Clarke (@KristenClarkeJD) January 31, 2018
“Ironically,” Buzzfed’s Dominic Holden wrote on Twitter, “Sessions issued a memo in Nov. rescinding all ‘improper guidance’ memos. He killed 25 guidance docs — like the rights of disabled people and voters. But he’s aggressively implementing guidance on protecting religious rights.”
But I’ve asked DOJ — will they, or have they, spoken up for students who are silenced for championing progressive causes or protesting racial injustice?
Now, with a new lawsuit filed by a student taking a knee, the DOJ has no comment.
— Dominic Holden (@dominicholden) January 31, 2018
The manual’s update also republishes Sessions’ 20 Principles of Religious Liberty.
Among them:
“Religious employers are entitled to employ only persons whose beliefs and conduct are consistent with the employers’ religious precepts.”
The federal government is not allowed “to second-guess the reasonableness of a religious belief.”
“The freedom of religion extends to persons and organizations.”
“Americans do not give up their freedom of religion by participating in the marketplace, partaking of the public square, or interacting with government.”
“The freedom of religion is a fundamental right of paramount importance, expressly protected by federal law.”
Image:Â Official DHS photo by Jetta Disco via Flickr
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