Editor’s note: AU’s “Wall of Separation” blog will provide this semi-regular summary of Trump administration actions to undermine church-state separation, religious freedom, and the rights and freedoms that depend on them. We’ll keep you updated on how AU is fighting these attacks, and how you can help defend church-state separation – the cornerstone of our democracy. You can read our last installment here.
It is hard to believe that almost a year has gone by since the Trump administration began assaulting the pillars of our democracy. One crucial democratic cornerstone under attack has been the separation of church and state – an intrinsic American invention and value that Christian Nationalists are now out to destroy.
Not on our watch. This year, Americans United went to court to protect the Johnson Amendment, filed two lawsuits against Trump’s Anti-Christian Bias Task Force, launched an investigation into President Donald Trump’s Religious Liberty Commission, developed a “Know Your Rights” guide for federal employees about their religious freedom rights, and much more. Americans United was made for moments like these. We are prepared and ready to defend the religious freedom of all Americans.
Last month AU attorneys Alexandra Zaretsky and Jess Zalph were in court in Texas to defend the Johnson Amendment, the federal law that protects the integrity of our elections and tax-exempt nonprofits by ensuring they don’t endorse or oppose partisan political candidates for office. The Internal Revenue Service has proposed a radical re-interpretation of the law: to allow houses of worship (but not secular nonprofits) to endorse candidates. This would not only violate the separation of church and state, but it would threaten to undermine the charitable mission of churches that could be exploited by political campaigns.
The IRS’s reinterpretation is part of a proposed settlement agreement in the lawsuit National Religious Broadcasters v. Bessent. Since the Trump administration refused to defend the Johnson Amendment, AU immediately sought to intervene and urged the court to reject the proposal. You can read more about the court hearing here. We’re waiting for the court to rule on the settlement agreement.
After Trump mandated the creation of an “Anti-Christian Bias” Task Force in a February executive order that was filled with lies and disinformation about purported Christian persecution, Americans United immediately began monitoring how the order would be implemented. When the Departments of Veterans Affairs and State became the first federal agencies to announce they were asking employees to report allegations of “anti-Christian discrimination,” AU filed requests for information under the Freedom of Information Act. When the agencies failed to fulfill AU’s requests as required by the FOIA law, we sued. Those cases are still pending.
Back in May, Trump created the so-called Religious Liberty Commission, purportedly to “safeguard and promote America’s founding principle of religious freedom.” To no one’s surprise the commission was filled with Christian Nationalists who began to frequently hold meetings that AU President and CEO Rachel Laser described as church services, mostly at the Museum of the Bible in Washington, D.C. During the commission’s first meeting in June, Laser and AU Vice President of Public Policy Alessandro Terenzoni attended and were part of a group of people who walked out in disgust over the Christian Nationalist rhetoric.
At subsequent meetings to discuss religious freedom in public schools and in the military, it was clear the Religious Liberty Commission’s mission is really to spread Christian Nationalism. Trump himself spoke at a September meeting and announced the “America Prays” initiative, which urges Americans to pray in preparation for the 250th anniversary of the Declaration of Independence on July 4, 2026. AU immediately denounced the initiative, noting people who care about religious freedom do not need to be told by the government when or how to pray.
AU submitted extensive written public comments before each commission meeting, explaining the real threats to religious freedom and the role church-state separation plays in guarding against these threats. And in October, we demanded public records from the Department of Justice and the General Services Administration as part of an investigation into the commission. Stay tuned for updates on our findings.
Over the summer the Office of Personnel Management (OPM) circulated to federal agencies a memo filled with disinformation that could lead to religious coercion and even harassment of federal workers and the public. In September, AU Policy experts began distributing a “Know Your Rights” guide they crafted to help federal workers and agencies understand their rights and responsibilities regarding religious freedom in the workplace. Additionally, AU wrote to 19 federal agencies explaining that the OPM memo “provides incorrect legal advice” that could “invite religious freedom violations and expose your agency to risk of litigation.” We encourage anyone who has experienced a religious freedom violation in the workplace to report it to us at au.org.
Americans United was made for moments like these. We will vigorously defend religious freedom for everyone, especially against those who wish to impose their narrow religious views on us all. However, we cannot do this alone. During this holiday season consider giving the gift of true religious freedom for yourself, your family, friends or neighbors! Learn how you can double your impact below:
