Faith-based charities may soon have greater freedom to incorporate worship, religious instruction, and evangelism into programs supported by federal grants. The Department of Justice’s Office of Legal Counsel (OLC) has concluded that longstanding federal restrictions on religious uses of grant money violate the First Amendment’s protection of free exercise.
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From The Epoch Times:
Lawyers in the Justice Department’s Office of Legal Counsel (OCL) concluded Tuesday that federal rules barring faith-based groups from using charity-grant money for worship, religious instruction, or proselytization are unconstitutional and not required by the First Amendment’s establishment clause.
The opinion, titled “Constitutionality of Religious Restrictions on the Use of Federal Funds,” answered a formal request from the civil rights office of the Department of Health and Human Services (HHS).
The Department of Justice (DOJ) announced its opinion on social media Wednesday.
The opinion concerns restrictions contained in three federal laws governing welfare, public health, and child-care programs. Existing HHS regulations require faith-based organizations receiving direct federal assistance to separate explicitly religious activities from federally funded services. The OLC concluded that these restrictions discriminate against organizations based on how they intend to exercise their faith.
According to the opinion, the restrictions are no longer justified by the First Amendment’s Establishment Clause. The OLC pointed to a series of Supreme Court decisions—including Trinity Lutheran v. Comer, Espinoza v. Montana Department of Revenue, Carson v. Makin, and Kennedy v. Bremerton School District—that strengthened protections against excluding religious organizations or activities from generally available government programs.
The decision could have significant consequences for faith-based organizations that provide food, child care, addiction treatment, and other charitable services. The DOJ noted that more than half of American food pantries and soup kitchens are faith-based. Under the OLC’s reasoning, the federal government cannot make organizations choose between receiving generally available assistance and fully exercising their religious beliefs.
The opinion does not, however, immediately erase the existing restrictions. HHS would have to stop enforcing the provisions and revise its regulations and grant requirements. The underlying statutory language will also remain unless Congress removes it or a court rules on its constitutionality. Legal challenges are likely, with the Freedom From Religion Foundation already arguing that equal access to government grants does not mean taxpayer funds may be used for religious activities.
The opinion is also part of the Trump administration’s broader religious-liberty push. In June, the Religious Liberty Commission presented President Donald Trump with its final draft report, challenging the idea that the Constitution requires a sweeping “wall of separation between church and state.” Earlier this year, a separate DOJ task force identified what it described as anti-Christian bias across multiple Biden-era federal agencies.
For intercessors, this development presents an opportunity to pray for a proper understanding of the First Amendment—one that prevents government establishment of religion without treating faith itself as something that must be excluded from public life. Let’s pray that government officials will protect religious liberty, that faith-based ministries will remain faithful to their convictions, and that the Church will never compromise the gospel simply to obtain government support.
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(Excerpt from The Epoch Times. Photo Credit: Eric Lee/Getty Images)
