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Saturday, November 22, 1997

Judge chastises IRS over treatment of Christian employee group

By PEGGY FIKAC / Associated Press Writer

AUSTIN (AP) -- Already beset by accusations of taxpayer abuse, the Internal Revenue Service now faces criticism about its treatment of an employee group formed by Christian fundamentalists.

U.S. District Judge Sam Sparks expressed dismay at the IRS' treatment of the Christian Fundamentalists Internal Revenue Employees, or CFIRE, and indicated he's considering an injunction to protect their rights.

The case stems from CFIRE's efforts, beginning in May, to place an article in employee newsletters in Washington and North Texas, much as other employee groups do.

The Washington newsletter finally published the article in September, after CFIRE founder Lexie White of Austin filed a lawsuit. An official with the North Texas office testified he was unsure whether that newsletter had yet published the article.

The publication delays came after Sparks declined to issue an injunction in an earlier lawsuit filed last year by Mrs. White, an Austin IRS employee. He didn't issue the injunction because a January IRS memorandum said the Christian group was to be recognized just like any other employee group.

"Foolish me, I said I'm not going to presume the Internal Revenue Service is going to violate your rights," Sparks said Thursday.

He said of the publication delays, "It's either a very sinister plot, which I have trouble believing ... or it's just an incredible screwup in communications."

Mrs. White's lawyer, Brian Fahling, asked for a declaration that the group's First Amendment rights were violated. Fahling, who is with the American Family Association law center in Tupelo, Miss., also requested an injunction preventing the agency from imposing any duties on the group not required of other associations.

There are IRS employee groups representing gays, lesbians and bisexuals, ethnic minorities and women.

Sparks directed Fahling to submit a proposed injunction and the IRS to suggest a procedure to eliminate the problems raised in the case. Sparks said he was concerned about the prospect of issuing an injunction because he does not want to see someone who makes a good-faith judgment about the group face a possible contempt-of-court citation.

Sean Rogers, IRS chief of labor relations, said recognition of a religious group is "a very difficult transition" for the agency.

President Clinton in August issued guidelines saying federal employees are free to express their faith at work in various ways, including discussing their beliefs.

U.S. Department of Justice lawyer Sylvia Kaser, representing the IRS, said there was no evidence that agency officials wanted to deny CFIRE's constitutional rights. She said the agency is undertaking a nationwide effort to educate agency employees.

"There conceivably are some glitches here," Ms. Kaser said. "It takes a while to educate a workforce."