Executive order 13798

Promoting Free Speech and Religious Liberty

             

14.9.2019

Presidential Executive Order Promoting Free Speech and Religious Liberty | The White House

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.whitehouse.gov/presidential-actions/presidential-executive-order

-promoting-free-speech-religious-liberty/

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By the authority vested in me as President by the Constitution and the laws of the United States

of America, in order to guide the executive branch in formulating and implementing policies

with implications for the religious liberty of persons and organizations in America, and to further

compliance with the Constitution and with applicable statutes and Presidential Directives, it is

hereby ordered as follows:

Section 1. Policy. It shall be the policy of the executive branch to vigorously enforce Federal

law’s robust protections for religious freedom. The Founders envisioned a Nation in which

religious voices and views were integral to a vibrant public square, and in which religious people

and institutions were free to practice their faith without fear of discrimination or retaliation by

the Federal Government. For that reason, the United States Constitution enshrines and protects

the fundamental right to religious liberty as Americans’ first freedom. Federal law protects the

freedom of Americans and their organizations to exercise religion and participate fully in civic

life without undue interference by the Federal Government. The executive branch will honor

and enforce those protections.

Sec. 2. Respecting Religious and Political Speech. All executive departments and agencies

(agencies) shall, to the greatest extent practicable and to the extent permitted by law, respect

and protect the freedom of persons and organizations to engage in religious and political

speech. In particular, the Secretary of the Treasury shall ensure, to the extent permitted by law,

that the Department of the Treasury does not take any adverse action against any individual,

house of worship, or other religious organization on the basis that such individual or

organization speaks or has spoken about moral or political issues from a religious perspective,

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Presidential Executive Order Promoting Free

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14.9.2019

Presidential Executive Order Promoting Free Speech and Religious Liberty | The White House

https://www

.whitehouse.gov/presidential-actions/presidential-executive-order

-promoting-free-speech-religious-liberty/

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where speech of similar character has, consistent with law, not ordinarily been treated as

participation or intervention in a political campaign on behalf of (or in opposition to) a

candidate for public oice by the Department of the Treasury. As used in this section, the term

“adverse action” means the imposition of any tax or tax penalty; the delay or denial of tax-

exempt status; the disallowance of tax deductions for contributions made to entities exempted

from taxation under section 501(c)(3) of title 26, United States Code; or any other action that

makes unavailable or denies any tax deduction, exemption, credit, or benefit.

Sec. 3. Conscience Protections with Respect to Preventive-Care Mandate. The Secretary of the

Treasury, the Secretary of Labor, and the Secretary of Health and Human Services shall consider

issuing amended regulations, consistent with applicable law, to address conscience-based

objections to the preventive-care mandate promulgated under section 300gg-13(a)(4) of title 42,

United States Code.

Sec. 4. Religious Liberty Guidance. In order to guide all agencies in complying with relevant

Federal law, the Attorney General shall, as appropriate, issue guidance interpreting religious

liberty protections in Federal law.

Sec. 5. Severability. If any provision of this order, or the application of any provision to any

individual or circumstance, is held to be invalid, the remainder of this order and the application

of its other provisions to any other individuals or circumstances shall not be aected thereby.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise

aect:

(i) the authority granted by law to an executive department or agency, or the head thereof;

or

(ii) the functions of the Director of the Oice of Management and Budget relating to

budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the

availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or

procedural, enforceable at law or in equity by any party against the United States, its

departments, agencies, or entities, its oicers, employees, or agents, or any other person.

14.9.2019

Presidential Executive Order Promoting Free Speech and Religious Liberty | The White House

https://www

.whitehouse.gov/presidential-actions/presidential-executive-order

-promoting-free-speech-religious-liberty/

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DONALD J. TRUMP

THE WHITE HOUSE,

May 4, 2017.