Promoting Free Speech and Religious Liberty

Executive Order 13798 of May 4, 2017

Promoting Free Speech and Religious Liberty

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, 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 office 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 affected thereby.

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

(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 Office 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 officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    May 4, 2017.