Lankford slams Biden admin's memo moving to undo religious liberty protections: 'Disregard' for Americans

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FIRST ON FOX: Sen. James Lankford, R-Okla. said Wednesday that a recent memo from the Health and Human Services (HHS) Department showed the Biden administration's disregard for Americans' First Amendment rights.

His comments came on the same day that Fox News reported on HHS' effort to rescind Trump-era measures for beefing up religious liberty protections. 

"The memo is correct, I am an outspoken advocate for religious liberty, and I have a very ‘negative reaction’ to this Administration ignoring the First Amendment and failing to protect Americans of conscience," Lankford said in a statement provided to Fox News. 

Health and Human Services Secretary Xavier Becerra testifies before the Senate Finance Committee on Capitol Hill in Washington on June 10. (AP)

"Americans do not support President Biden and his team’s absolute lawlessness when it comes to upholding Americans’ Constitutional rights—including our right to freely live our faith." 

Lankford's comments echoed those of former HHS Office of Civil Rights (OCR) Director Roger Severino, who told Fox News that Becerra's actions contradicted commitments he made to Congress. The Senate narrowly confirmed him along a 50-49 vote.

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During Becerra's confirmation hearing, Lankford pressed him on whether he would continue to uphold conscience protections. Then-acting HHS Secretary Becerra said he would respect religious freedom and enforce existing laws. In another hearing, he told Lankford that the work of the Conscience and Religious Freedom Division within OCR would not change.

Senator James Lankford speaks during a Senate Finance Committee hearing on the nomination of Chris Magnus to be the next U.S. Customs and Border Protection commissioner, in the Dirksen Senate Office Building on Capitol Hill in Washington, DC, U.S., October 19, 2021. Mandel Ngan/Pool via REUTERS

"The HHS memo leaked today is the second leaked document out of this administration in a week, which contradicts public statements from now two Cabinet secretaries, and illustrates the absolute disregard this Administration has for the American people," Lankford said. He was referring to leaked documents that raised questions about Homeland Security Secretary Alejandro Mayorkas' previous comments.

"We, as Americans, do not discriminate against people of faith," he added. "This move by Secretary Becerra shows he will not keep the commitment to protect religious freedom for every American that he made during his confirmation hearing."

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Lankford's comments came amid another First Amendment controversy surrounding the Biden administration communicating with the National School Boards Association (NSBA) on its now-infamous letter comparing parents to domestic terrorists.

HHS' draft memo was addressed to Becerra addressed to Becerra and comes from OCR Director Lisa Pino, a political appointee announced in September. It argues that the former administration may have over-expanded OCR's authority and signals intent to repeal Trump-era initiatives. 

"Prior to the delegation in 2017, no division was singularly responsible for the Department’s compliance with RFRA or the First Amendment," it reads. 

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"That model recognized that all components of HHS had a responsibility for compliance and that OGC [Office of General Counsel] was a central partner in providing key legal advice on RFRA and defending the Department when RFRA claims were raised. Rescinding the delegation to OCR does not lessen the commitment of the Department to compliance, but ensures that it is not misused by any one agency to enact a broad, proactive agenda."

HHS did not immediately respond to Fox News' request for comment on Lankford's criticism.