John W. Whitehead
John Whitehead warns that partisan ties are pushing the Christian legal movement away from universal religious liberty @johnw.whitehead / Instagram

John W. Whitehead, founder and president of The Rutherford Institute, says the Christian legal movement he helped pioneer has 'gone astray,' arguing that parts of the religious-liberty movement have become too closely aligned with right-wing politics and President Donald Trump's administration.

Whitehead founded the non-profit civil liberties organisation in 1982 and was an early figure in legal efforts to defend religious expression.

His criticism is notable because his earlier writings argued that the United States should be an explicitly Christian nation, a position he later moved away from.

Christian Legal Movement Faces Whitehead's Warning

In an interview with The Washington Post published on 14 September, Whitehead said the movement had become politicised and had too often prioritised the rights of conservative Christians over those of religious minorities.

He pointed to recent state laws requiring Ten Commandments displays in public schools and to moves by Texas officials against airport ablution facilities used by Muslim travellers. Such measures have generated constitutional disputes and legal challenges.

'We started out trying to protect the little people,' Whitehead told the Post, while criticising movement leaders he said were now close to the Trump White House. He has argued that religious liberty should protect everyone rather than operate as a partisan programme.

Whitehead has also challenged religious rhetoric used by administration officials. In a 31 March commentary co-written with his wife, Nisha Whitehead, executive director of The Rutherford Institute, the pair criticised religious language used in connection with US military action against Iran and described the approach as 'blasphemy baptised in nationalism.'

In October 2025, after then-Homeland Security Secretary Kristi Noem prayed during a visit to an ICE facility in Portland, Oregon, the Whiteheads again criticised the use of Christianity alongside government power and military imagery.

A former colleague told the Post that Whitehead had become 'persona non grata' within parts of the movement. Mat Staver, founder of Liberty Counsel, disputed Whitehead's broader criticism, telling the newspaper that Christian law firms had remained true to their mission and conservative values.

Donald Trump
John Whitehead warns that ties to Trump-era politics risk weakening religious liberty as a constitutional principle for everyone The White House / Flickr

Whitehead's Position Reflects His Own Political Evolution

Whitehead's current stance marks a shift from some of his earlier positions. The Post reported that he once wrote a book arguing that America should be explicitly Christian and, during the 1980s, viewed gay rights as a threat to Christians.

By the mid-1990s, however, Whitehead was criticising Colorado Amendment 2, which sought to prevent state and local protections based on homosexual, lesbian or bisexual orientation, conduct or relationships. The U.S. Supreme Court struck the amendment down in Romer v. Evans in 1996.

Whitehead has said his thinking changed as he reconsidered what Christianity required of believers. He has not rejected every religious-liberty initiative associated with the Trump administration. He told the Post that he saw value in some proposals from the administration's religious liberty commission, including efforts to provide 'Know Your Rights' materials in educational and healthcare settings.

His organisation has also taken legal positions outside traditional conservative religious causes. The Rutherford Institute has supported challenges involving foreign nationals who faced immigration consequences after protests against Israel and universities facing federal actions connected to campus protests and diversity, equity and inclusion policies.

The institute also joined litigation over immigration enforcement at houses of worship. In August 2026, the US Court of Appeals for the Fourth Circuit upheld a preliminary injunction requiring the Department of Homeland Security to follow previous safeguards at or near the plaintiff congregations. The ruling was limited to those plaintiffs.

Whitehead's broader argument is that religious liberty loses credibility when it is applied selectively. He has said government should represent the Constitution and all Americans rather than operate as a Christian nationalist organisation.

His warning is ultimately directed at religious-liberty groups that become closely identified with political power. Whitehead told the Post that organisations risk weakening the principle they seek to defend when their work aligns with those in power or is framed in partisan terms.