The FFRF Action Fund is cheering the U.S. Senate parliamentarian, who has removed some of the most extreme threats to the separation of state and church from the GOP’s reconciliation bill.
Senate Parliamentarian Elizabeth MacDonough plays a critical, nonpartisan role in the reconciliation process. She reviews whether provisions meet the Byrd Rule, a constraint that bars items unrelated to budget changes in reconciliation from being passed with a simple majority. Reconciliation is a fast-track legislative process that allows passage of certain tax and spending legislation with only 51 votes, rather than the 60 usually required to overcome the filibuster. Senate Majority Leader John Thune (a Republican) has indicated that he will follow the parliamentarian’s rulings.
Among the provisions the parliamentarian has struck is a nationwide private school voucher program on steroids and a tax carve-out for a handful of religious colleges. Section 70411 of the Senate GOP Reconciliation Bill would have created an unprecedented new federal subsidy for religious and other private schools under the guise of “scholarship granting organizations.” MacDonough found that this section violated the Byrd Rule.
Also struck was a provision exempting a small number of religious colleges — most notably Hillsdale College — from a tax on large university endowments. That exemption, tucked into Section 70415, would have given religious institutions preferential treatment under federal tax law.
Other key provisions that violate the separation of state and church continue to fall. The judicial bonding requirement — initially included in the House version of the bill — has also been dropped from the Senate version. FFRF Action Fund is relieved that this dangerous provision, which would have restricted access to the courts for civil rights and state/church cases, is no longer part of the reconciliation debate. In addition, the Senate version does not include tax deductions for health care sharing ministry premiums — a positive sign even if that idea could reemerge in future negotiations.
However, some harmful provisions remain in play. A measure to defund Planned Parenthood is still under review by the parliamentarian. If allowed to proceed, it would jeopardize access to reproductive health care for millions of Americans.
“These provisions are straight from the Project 2025 playbook, which seeks to dismantle public education, defund reproductive health care, and elevate religious privilege above the Constitution,” comments FFRF Action Fund President Annie Laurie Gaylor “We’re encouraged that the parliamentarian has rejected some of the most flagrant violations of the separation of state and church, but the threats are far from over.”
The FFRF Action Fund is a 501(c)(4) organization that develops and advocates for legislation, regulations and government programs to preserve the constitutional principle of separation between state and church. It also advocates for the rights and views of nonbelievers, endorses candidates for political office, and publicizes the views of elected officials concerning religious liberty issues.