What is CSU's Problem with the Loyalty Oath?

by Robert in Monterey [courtesy of Calitics - Front Page]

Last week I brought you the story of another CSU teacher who was fired for wanting to change the state's ridiculous and anachronistic loyalty oath to suit her religious beliefs. Today's LA Times brings us the update on her story:

A Quaker who lost her appointment as a Cal State Fullerton lecturer after she objected to a state loyalty oath submitted a revised statement of her beliefs Thursday in a bid to win the job back.

People For the American Way, a Washington-based civil rights group now representing lecturer Wendy Gonaver, called on the university to reinstate her and adopt a policy protecting the religious freedom of all California State University system employees.

"She is willing to sign the oath as long as she can exercise her free-speech rights and note that her views as a Quaker would prevent her from taking up arms," said Kathryn Kolbert, president of the organization and a constitutional lawyer. "We would like to avoid filing a lawsuit, but we are certainly prepared to do so if we need to."

PFAW has clearly stepped up on this, and rightly so - this is a clear-cut case of violation of constitutional rights and Wendy Gonaver deserves support. They have proposed a new CSU policy regarding the oath in a letter to the Cal State Fullerton administration:

CSU recognizes that some of our employees may have religious or other objections to taking this oath.  It is our policy to accommodate the religious and other beliefs of our employees by allowing an employee to append an explanatory statement to the employee's signed oath.

This would be a sensible policy, at least until the state finally does away with the moronic oath. No word yet on whether CSU is going to accept this, but the recent incidents suggest that CSU needs to reexamine their practices regarding the oath and need to adopt proposals such as this to guarantee the rights of their employees. There is absolutely no reason for them to resist this.

Unfortunately for Wendy Gonaver, Cal State Fullerton is resistant on offering her the job again:

[CSU General Counsel Christine] Helwick said the campus might not be able to rehire her despite the revision: "The addendum she is now proposing is different in tone, scope and content from the one she originally presented. However, the position for which she originally applied last August had to be filled by someone else when she refused to sign the oath."

This is BS. It wasn't Gonaver's fault, as the CSU implies, but their own. The CSU system, and CSUF in particular, should be able to offer her another position. And the CSU system needs to implement the PFAW's proposed policy change as well as get behind Alan Lowenthal's effort to do way with the oath. Enough is enough.