By David Closson
Since 1993, the United States has formally observed Religious Freedom Day on January 16. The day honors the nation’s first religious freedom law, the Virginia Statute for Religious Freedom, passed in 1786. Like other presidents before him, President Joe Biden released a proclamation acknowledging the day. Although the president’s comments on religious freedom were mostly encouraging, it is difficult to appreciate his rhetoric when many of his actions throughout the first year of his presidency have undermined the freedoms he claims to support.
In his proclamation, President Biden described religious freedom as a “cornerstone of who we are as a Nation” and a “vital aspect of our American character.” The president also said that “protecting religious freedom is as important now as it has ever been.” On these points, the president is right. Enshrined in the First Amendment of the Constitution, religious freedom is central to our national identity. But even though the president’s comments rightly place religious freedom as essential to the American way of life, his administration has unfortunately failed to meaningfully protect the rights of the faithful.
For example, following his inauguration on January 20, 2021, the new president issued an executive order that requires federal agencies to interpret federal laws that prohibit sex discrimination as also prohibiting discrimination based on sexual orientation or gender identity. In doing so, Biden expanded the holding of the problematic Bostock v. Clayton County U.S. Supreme Court decision far beyond its intended scope of employment discrimination.