Religious Liberty Protections for Federal Employees in Light of Recent Legal Developments

Syllabus

President Clinton's 1997 Guidelines on Religious Exercise and Religious Expression in the Federal Workplace and Attorney General Sessions' 2017 Memorandum Regarding Federal Law Protections and Religious Liberty should largely be enforced according to their terms. Intervening case law demands two exceptions, namely that agencies should no longer apply (1) the \de minimis\ standard for determining an undue hardship under Title VII, or (2) the \appearance of official endorsement\ test for determining violations of the Establishment Clause.