Executive Order 13798: Promoting Free Speech and Religious Liberty

President: Donald J. Trump

Directed agencies to review policies affecting religious expression and protected speech, including guidance on charitable and political activity.

Status: In effect. Is Executive Order 13798 still in effect? Yes. EO 13798 remains in effect; the May 1, 2025 Religious Liberty Commission order expressly referenced its guidance work. Later rules and court rulings must be assessed separately.

What does Executive Order 13798 do?

EO 13798 set an executive-branch policy of protecting religious exercise and religious or political speech within existing federal law. Trump directed all agencies to respect those freedoms to the greatest extent practicable and legally permitted. Its specific assignments addressed Treasury enforcement affecting religious organizations, possible conscience protections in health-insurance regulation and Attorney General guidance on federal religious-liberty protections. Signed order.

The Treasury instruction was carefully qualified. Religious speech on moral or political questions was not to trigger adverse tax action where speech of similar character had not ordinarily been treated, consistently with law, as election-campaign participation or intervention. The order did not repeal the Internal Revenue Code's restrictions on campaign intervention by section 501(c)(3) organizations. Separately, Treasury, Labor and HHS were to consider amending preventive-care regulations to address conscience-based objections; this was a direction to consider lawful regulations rather than an immediate blanket exemption for every health plan. Signed order.

Administration position: Any policy rationale or projected benefit in the order is the administration’s position. This index record does not treat those claims as independently established facts.
SignedMay 4, 2017
IssuerPresident Donald J. Trump
TermFirst presidential term

Before and after

Before the order

Religious organizations remained subject to tax, benefits and other federal laws. EO 13798 added a presidential enforcement policy, regulatory-review assignment and government-wide interpretive guidance. It did not amend Congress's statutes or declare every disputed action against a religious claimant unlawful without analyzing the applicable legal protection. Signed order.

After the order

On October 6, 2017, Attorney General Sessions issued a memorandum setting out twenty religious-liberty principles for executive agencies. The health-benefit rules that followed became the subject of litigation. On July 8, 2020, the Supreme Court in Little Sisters of the Poor v. Pennsylvania held that the departments had statutory authority to issue the religious and moral exemptions at issue and that they had satisfied the procedural requirements considered by the Court. The May 1, 2025 Religious Liberty Commission order expressly cited EO 13798 and its 2017 guidance as part of the earlier policy history. Signed order. Sources: DOJ October 6, 2017 guidance announcement; Published Attorney General guidance; Little Sisters of the Poor v. Pennsylvania; 2025 Religious Liberty Commission order.

Who had to do what

Agency / officeActionTiming / position
All executive agenciesRespect religious and political speech and enforce lawful religious-liberty protections.Ongoing; to greatest extent practicable and permitted by law.
Treasury SecretaryAvoid specified adverse tax action over religious-perspective speech when comparable lawful speech was not ordinarily campaign intervention; consider preventive-care amendments.Ongoing enforcement; no fixed regulatory deadline.
Labor SecretaryConsider amended preventive-care mandate regulations addressing conscience objections.As legally appropriate; no fixed deadline.
Health and Human Services SecretaryConsider amended preventive-care regulations addressing conscience objections.As legally appropriate; no fixed deadline.
Attorney GeneralIssue guidance interpreting federal religious-liberty protections for executive agencies.As appropriate; no fixed deadline in order.

What happened next

Trump signed EO 13798. Official source

The Attorney General issued federal religious-liberty guidance pursuant to section 4. Official source

The Supreme Court upheld the departments' authority and relevant procedure for the exemptions in Little Sisters of the Poor v. Pennsylvania. Official source

The Religious Liberty Commission order cited EO 13798 and the guidance it produced. Official source