Here’s from the Independent: “Trump administration memo clears way for federal employees to push their ‘correct’ religion on other coworkers.” The policy change applies to federal workers, that is employees of the US national government, but it’s possible Republican-controlled states (like say Utah and Idaho) will follow suit for state employees or even try to extend such policies to private employers. So get ready for religious pestering at work.

Here is the OPM memo that went out to federal agencies. I’m sure any of you who spend five minutes reading it will come away thinking of at least ten ways this will go way wrong in many workplaces. IMHO, this policy change has only one purpose: to make MAGA Evangelicals happy. What will the results be? Either nothing will change (if there are no religious zealots in your department) or things will get worse. Even MAGA Evangelicals won’t be happy with the results. Why not?

Pretty much every example given in the memo refers to Christian religious discourse or practice. I’m sure a lot of MAGA Evangelicals and probably MAGA Mormons are thinking “White Christian Nationalism, here we come!” Sorry, folks, that’s not how it works. Here’s the first example in the Appendix attached to the memo:

An employee may keep a Bible on her desk, and may read it during breaks. Similarly, an
employee may keep rosary beads or tefillin on her desk. During breaks, she may use such
items to pray.

Of course, this also means an employee may keep a Quran/Koran on his desk and read it on breaks. With other coworkers, in a little circle in the cafeteria. They can put out prayer mats at mid-morning break and do prayers. Sikhs are going to want to wear their ceremonial swords. Flying Spaghetti Monster acolytes will wear their t-shirts around the office. Evolutionists will wear little fish jewelry to counter all those crucifixes that are going to pop up as necklaces and on lapels.

Here’s another example from the OPM memo. Honestly, what were these clowns thinking?

During a break, an employee may engage another in polite discussion of why his faith is
correct and why the non-adherent should re-think his religious beliefs. However, if the non
adherent requests such attempts to stop, the employee should honor the request.

I can just imagine how those conversations are going to go. Mormon to coworker: “My faith is correct because we have the real priesthood and we have temples. I’m sad you won’t be with your family in heaven, but …” Coworker’s curt response: “I don’t want to hear about your f**king religion.” You’ve seen those “no soliciting” signs posted around businesses or residences? Expect blunter signs to appear on most of the cubicles at your place of work (if you are a federal employee).

One more example from the OPM memo: “A security guard stationed at the front desk of a federal office building may display and use a crucifix, Bible, or use rosary beads.” Right, and when a security guard up front at a federal facility wears a turban and displays a Quran, MAGA Evangelicals and Mormons will have a fit. Tough luck, MAGA.

This line of thinking is premised on the longstanding line of Constitutional cases where the US Supreme Court has, since around the 1950s, extended religious protections in the US Constitution to all religions, almost without exception. As much as Evangelicals want it to and Trump likely thinks it can and should, the US government can’t play religious favorites. If the Court holds to its prior precedent, that is.

But we can’t really count on the Court sticking to stare decisis anymore. It could, for example, make an originalist argument that when the Constitution was written, the Founders thought of religion as just Christianity, so other faiths don’t get religious protections. Or they could make the originalist argument that only religions that were recognized in the world in 1787 should be protected by religious freedom. Any newfangled religion like Mormonism (established 1830) gets no protections. Wouldn’t that be a surprise for the MAGA types at the COB!

No, that kind of legal outcome is not likely. But it’s hard to have much confidence that the US Supreme Court will do the right thing anymore. Yes, the Court can overrule prior decisions when it determines they were wrongly decided, but that power to overrule (to set aside relevant prior precedent) must be used wisely, meaning only on rare and plainly deserving occasions. If you start throwing out precedent whenever you get five Justices who think differently, the whole concept of precedent and the rule of law loses its credibility. We’re already going down that path, in case you don’t read the news. And the new OPM memo and subsequent changes in practice in the federal workplace will undoubtedly spawn dozens of cases in the courts, some of which will work their way up to the US Supreme Court. So they’ll get a chance to make their opinion(s) heard within a year or two, if not earlier.

So here is today’s thought exercise. Pretend you are a federal employee. How do you respond to or deal with the following scenarios:

  • Brother Jones, who works two cubicles down from you, asks you to join the Mormon group in the cafeteria to read a chapter of the Book of Mormon together at lunch.
  • Fred, a JW who works across the hall, keeps asking you for details about Mormon doctrine. “I want to find relevant Bible verses on that topic so I can explain to you why your religion is not the correct one. In a friendly manner, of course.”
  • Your supervisor wants to start every staff meeting with a Christian prayer. She prays, everyone else listens.
  • Your supervisor wants to start every staff meeting with an Islamic prayer. He prays, everyone else listens.
  • Your supervisor tells you your Flying Spaghetti Monster t-shirts are offensive and to stop wearing them.
  • Your supervisor tells you your Jedi t-shirt (“My Jedi Force is the correct one, not your Christian Holy Force”) is offensive and to stop wearing it.
  • On sale now: MASA hats: Make America Secular Again.

.