For if the trumpet give an uncertain sound, who shall prepare himself to the battle?

By Lexie White, Founding President

In 1995, I had been attending a Bible study on my lunch along with other IRS people in the building. We had been told that we could not meet in the building so we were meeting across the street in a church that loaned us space. This did not seem right to me when so many other Employee Organizations (EO) existed who conducted personal activities on their lunch.

Then the IRS gave recognition to the EO GLOBE - Gay, Lesbian, or Bisexual Employees. I, and many other Christians in my building, felt that this was not a good move since the subject of homosexuality is very polarizing and divisive. All of us had homosexual coworkers and friends, but none of us discussed our ideologies and beliefs about the subject in the workplace as that would create a hostile work environment for all who felt strongly. We sent a signed petition to Headquarters asking that they reconsider the action, citing the potential for division and hostility in the workplace, but they would not listen to us.

I consulted the American Family Association Law Center and asked if that was legal. An attorney there, Brian Fahling, said it was as long as they allowed anyone else who wanted to form an EO to do so. They had created what he called an "open forum" and could not then exercise "viewpoint discrimination" and exclude certain groups just because they did not agree with their views.

I decided to test their willingness to include a Christian EO. I talked to two Christian friends and coworkers in my building – one was a Catholic and one a Baptist minister, whereas I was Assemblies of God. I figured if the three of us could agree on beliefs for an organization, they would be very fundamental and central to the faith. They consented to join me in forming a Christian EO.

We considered a name. I kept thinking of the scripture in I Cor 14:8 about the trumpet that makes an uncertain sound – who would prepare himself for a battle? I felt that we were embarking on a battle and should make it clear at the beginning what our beliefs were as Christians believing in the fundamental Biblical truths – so was born CFIRE, Christian Fundamentalist Internal Revenue Employees. My friends thought this name was appropriate and God's choice for us.

We sent a request to Headquarters in DC asking status as a recognized IRS Employee Organization, able to hold meetings and conferences on an equal basis with the other EOs. After many months of no response, despite many calls and inquiries by me, I contacted AFA Law Center attorney Fahling again. He responded that they had effectively answered me "no" by their refusal to respond and agreed to represent us in our bid for proper recognition, as was our due if they wished to end the discrimination. He began to prepare paperwork to sue for a restraining order to keep IRS from further discriminating against us.

In the meantime, we finally received a written response – no, as Fahling had predicted. IRS was unwilling to grant us recognition on a free and equal footing with the other organizations. In the fall of 1996, the lawsuit was filed in Federal District Court in Austin, TX. So began months of depositions and court appearances. For each court appearance, Fahling would come to Austin, and the IRS attorney would come from DC.

Eventually, IRS began to understand that the law was against them, and they would not prevail. Fearful of having an injunction against them, in early 1997 they stated that they removed all objections to CFIRE's acceptance as a recognized IRS EO (REO), and petitioned the judge to dismiss the lawsuit. Fahling tried to convince the judge that an injunction was still appropriate so that it would be costly if they did not follow through on their representations of fair dealing. The judge disregarded his pleas and arguments and dismissed the suit.

I immediately send memos to the EEO offices of IRS in all locations of the country, asking that they put out information about the new REO, informing interested Christians of their right to start a chapter. Within months I received contact from employees in Philadelphia PA, Detroit MI and Greensboro NC, wanting to start CFIRE chapters. I sent information when requested to other interested parties, but by the fall of 1997 we still had only 4 chapters.

Then I started to hear from various people that when they tried to publish information about CFIRE in newsletters alongside that of other EOs, they were denied. One executive in Headquarters had even told EEO Chiefs not to talk to me if I called but to refer me to him only. He then refused to hear any complaint of discriminatory treatment.

I consulted Fahling again, and in the fall of 1997, a second lawsuit was filed. We were back in the same court, with the same judge, and he was not happy. He said he supposed he should have listened to the CFIRE attorney the last time, and he ordered all parties, including the executive from Headquarters, and the newsletter publishers, to appear in his court. Again the depositions and court appearances began. The depositions were fairly adversarial on IRS' part – at one moment Fahling stated that he wanted it on the record that these were the most nitpicking, unprofessional depositions he had ever seen. In the end, IRS purported to the judge that it was a miscommunication, not intentional discrimination. Again the judge accepted their word and allowed them to publish the CFIRE articles then dismissed the lawsuit. He did warn the IRS not to show up in court again, warning "three strikes and someone will be out." Fahling appealed the refusal for an injunction to the Fifth Circuit but it was dismissed there. Since that time, CFIRE has experienced no overt discriminatory treatment. We have held annual conferences, and grown to be one of the largest REOs within IRS.