Attorney General Todd Blanche has quickly made significant strides in religious liberty and parental rights since his confirmation earlier this month. On July 23, he released updated guidance to federal agencies regarding religious liberty protections. This document reviews years of Supreme Court decisions such as Carson v. Makin, Kennedy v. Bremerton School Dist., and Fulton v. City of Philadelphia. It instructs agencies to comply with the Constitution and the Religious Freedom Restoration Act, aiming to prevent future court conflicts.
A notable inclusion in Blanche’s guidance is the emphasis on parents’ constitutional rights to direct their children’s upbringing. Previously, the Civil Rights Division focused more on initiatives preventing parenthood rather than supporting parental rights. The FACE Act, passed in 1994, was implemented for actions against political dissenters. This act was executed in collaboration with the abortion industry, targeting sidewalk counselors indiscriminately.
Mark Houck, a Pennsylvania father, experienced an armed raid on his home due to a sidewalk incident defending his son. A jury acquitted him swiftly, resulting in a seven-figure settlement for him.
The Department’s Task Force to Eradicate Anti-Christian Bias confirmed that FACE Act cases developed from tips intended to silence critics. The previous administration targeted Christian beliefs on abortion, marriage, and gender whenever they clashed with its stance.
While actual justice obstruction or violence is inexcusable, trespass, vandalism, and assault remain state crimes not requiring federal statutes. The FACE Act was founded on federally protected abortion access, permitting federal jurisdiction over common sidewalk behavior. However, Dobbs eliminated this premise by pronouncing abortion as not constitutionally guaranteed, dissolving the rationale for special federal protection of clinic access.
The FACE Act also criminalizes damaging or interfering with access to worship places and pregnancy help centers. Yet, the Justice Department largely neglected this provision, failing to act after church and pregnancy center vandalizations post-Dobbs leak. Members of Congress expressed that there was no prosecution against these crimes while sidewalk counselors were targeted.
Only recently has the Justice Department started applying the FACE Act to appropriate attacks. Blanche’s guidance builds on past departmental actions accentuating parental rights. The Solicitor General’s office submitted an amicus brief supporting St. Mary Catholic Parish v. Roy, pending before the Supreme Court, challenging Colorado’s exclusion of Catholic preschools adhering to Catholic teachings from its preschool program.
Such early-stage filing is uncommon since government positions are rarely staked before case acceptance. After review acceptance, the Solicitor General followed with a merit-stage amicus brief, reflecting the department’s perceived importance of these cases. Similarly, the department played a vital role in Mahmoud v. Taylor last year, affirming parents’ choice to exclude their children from gay-themed classroom sessions.
The Department of Justice hopes to reallocate its resources once devoted to hindering sidewalk counseling to align with Blanche’s guidance. Recognizing constitutional rights for parents to raise children based on personal convictions—and reconsidering law enforcement against peaceful faith activities—is a move toward prioritizing parental rights as once dedicated to abortion clinic security.
Andrea Picciotti-Bayer serves as director of the Conscience Project and previously worked as a civil rights attorney at the U.S. Department of Justice.
Copyright 2026 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.