As part of an investigation into the Trump administration’s dangerous “Anti-Christian Bias” executive order, Americans United for Separation of Church and State today filed a federal Freedom of Information Act (FOIA) lawsuit against the U.S. Department of Health and Human Services (HHS). It is AU’s third lawsuit against the Trump administration for violating federal law by refusing to fulfill AU’s public-records requests for information on how departments are responding to President Donald Trump’s mandate to investigate alleged anti-Christian bias. AU filed similar lawsuits against the Department of Veterans Affairs and Department of State last year; those cases are still pending.

AU is investigating HHS’s implementation of Trump’s mandate in a February 2025 executive order filled with disinformation about purported anti-Christian bias. In December 2025, Americans United learned HHS asked all employees to report “anti-Christian or anti-religious bias” in response to Trump’s order.

AU sought reports of ‘anti-Christian bias’ from HHS

On Dec. 11, Americans United filed a FOIA request with HHS, seeking a copy of the “Anti-Religious Bias Survey” emailed to all HHS employees and all survey results received. Also, AU sought all reports within HHS of anti-Christian or anti-religious bias dating back to Jan. 1, 2017. AU also requested records related to the department’s response to and implementation of Trump’s Anti-Christian Bias executive order and communications with the task force mandated by the executive order. The department failed to respond to AU’s request within 20 business days, as required by federal law.

“The Trump administration created the Anti-Christian Bias Task Force based on the false claim that there’s rampant Christian persecution within the federal government. We’ve called their bluff and demanded that they prove it – show us the evidence of widespread anti-Christian discrimination. After multiple public-records requests and now three pending lawsuits, we have yet to see any evidence of this alleged Christian persecution in the federal government,” said Americans United President and CEO Rachel Laser.

“The Department of Health and Human Services employs people of all religions and none. Rather than protect everyone’s religious beliefs, this administration is misusing department resources and the principle of religious freedom to justify bigotry, discrimination, and the subversion of our civil rights laws,” Laser added. “This executive order is not a response to Christian persecution; it’s an attempt to advance Christian Nationalism. Not on our watch. Americans United will not stop fighting for church-state separation and for this nation to live up to its promise of freedom without favor and equality without exception.”

The lawsuit, Americans United for Separation of Church and State v. U.S. Department of Health and Human Services, was filed in the U.S. District Court for Washington, D.C. It argues that the department unlawfully withheld records related to the response to and implementation of Trump’s executive order, which HHS was required to disclose under the FOIA, 5 U.S.C. § 552. To date, HHS has not even bothered to respond to the FOIA request.

AU Senior Litigation Counsel Amy Tai is the lead attorney on the case.