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EO 13798Executive OrderTrump 45 · R

Executive Order 13798

Promoting Free Speech and Religious Liberty

This executive order establishes religious freedom as a priority across the executive branch, directs Treasury to avoid penalizing religious organizations for political speech, and orders three Cabinet secretaries to consider amending regulations for conscience objections to the ACA preventive-care mandate. It also tasks the Attorney General with issuing guidance on religious liberty protections in federal law.

Federal Register Open PDF 82 FR 21675

Impact dates

  1. Attorney General to issue religious liberty guidance

  2. Treasury, Labor, HHS to consider issuing amended regulations on conscience objections

Key directives

  • Secretary of Treasury shall ensure no adverse tax action against religious speakers on moral/political issues (Sec. 2)
  • Secretaries of Treasury, Labor, and HHS shall consider issuing amended regulations on conscience objections to preventive-care mandate (Sec. 3)
  • Attorney General shall issue guidance interpreting religious liberty protections in federal law (Sec. 4)

Who is ordered

Timeline

Immediate

  • Policy declaration on religious freedom enforcement
  • Directive to Treasury to protect religious political speech

Near term (90d)

  • Attorney General to issue religious liberty guidance as appropriate
  • Treasury, Labor, HHS to consider issuing amended regulations on preventive-care mandate conscience objections

Long term

  • Potential regulatory changes to ACA preventive-care mandate
  • Possible shifts in enforcement posture toward religious organizations' political activity

Risks & tensions

  • EO uses 'shall consider' and 'as appropriate' — weak binding force on regulatory action
  • Johnson Amendment repeal attempt without congressional action; legal uncertainty about Treasury's authority to unilaterally change enforcement
  • Contraceptive mandate changes could affect women's healthcare access; tension between religious liberty and reproductive rights
  • Sec. 6(c) disclaimer that order creates no enforceable rights limits legal standing for challengers
  • Vague 'to the greatest extent practicable' and 'consistent with law' qualifiers throughout
Executive Order 13798: Promoting Free Speech and Religious Liberty · Executive Orders