Attorney General Todd Blanche has quickly influenced religious liberty and parental rights following his recent confirmation. On July 23, he provided updated guidance to federal agencies regarding religious liberty protections.
The guidance heavily references a decade of Supreme Court decisions, such as Carson v. Makin, Kennedy v. Bremerton School Dist., and Fulton v. City of Philadelphia. Agencies are reminded to adhere to the Constitution and the Religious Freedom Restoration Act to avoid potential legal challenges.
A significant instruction within the guidance clarifies that the Constitution backs parents’ rights to guide their children’s upbringing. This statement diverges from the Civil Rights Division’s previous priorities, which seemed to align more with preventing parenthood than supporting parental rights.
For instance, the FACE Act, implemented in 1994, was utilized by the Biden administration to target political objectors. The Civil Rights Division, working alongside the abortion industry, conducted actions against sidewalk counselors, often based on tips from interested parties. One notable case involved Mark Houck from Pennsylvania, whose home faced a dramatic raid after a sidewalk confrontation. A jury swiftly acquitted him, resulting in the government paying a substantial settlement to him.
The Department’s Task Force to Eradicate Anti-Christian Bias highlighted that FACE Act cases were often driven by groups seeking to silence opposition. Under Dobbs, the prior assumption that abortion access warranted federal interest was voided, challenging the premise of federal jurisdiction over these matters.
Notably, the FACE Act criminalizes interference with access to places of worship or pregnancy help centers. Yet, enforcement was lacking when churches and centers faced vandalism following the Dobbs leak. Congressional members criticized the lack of prosecution under this provision, even as other actions against sidewalk counselors were persistent.
Blanche’s memo builds upon previous departmental actions stressing parental rights. Earlier this year, the Solicitor General’s office filed an amicus brief in St. Mary Catholic Parish v. Roy, defending Catholic preschools’ religious teachings against Colorado’s preschool program exclusion. Such involvement at the petition stage is rare, reflecting the government’s commitment to this issue.
The Justice Department also engaged significantly in Mahmoud v. Taylor, affirming parents’ choices to opt children out of specific instructional content. The resources previously allocated to limiting sidewalk counseling might now align with Blanche’s guidance, recognizing parents’ rights in child-rearing.
Andrea Picciotti-Bayer, director of the Conscience Project and former civil rights attorney, emphasizes that treating parental rights seriously marks a shift in departmental focus, aligning with constitutional protections.
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