BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 115|
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THIRD READING
Bill No: SB 115
Author: Lowenthal (D)
Amended: 3/24/09
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 3/31/09
AYES: Corbett, Florez, Leno
NOES: Harman, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Public employees: Loyalty Oath
SOURCE : Author
DIGEST : This bill requires that a public employee or
employment applicant be permitted to take and sign a
modified oath of office based on the employee's or
applicant's moral, ethical, or religious beliefs that
conflict with his or her ability to take such oath without
mental reservation, so long as he or she is willing and
able to uphold the Constitutions of the United States and
California. This will not apply to a public official who
is elected or who serves at the pleasure of an elected
official.
ANALYSIS : Existing law, Section 3 of Article XX of the
California Constitution requires that members of the
Legislature and all public officers and employees take and
subscribe to the oath that is set forth in its provisions
CONTINUED
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and defines public officer and employee for these purposes.
This Section permits the Legislature to make exceptions
from the oath requirement for "inferior officers and
employees."
Existing case law invalidated the second paragraph of the
oath set forth in Section 3 of Article XX of the California
Constitution as an unconstitutional violation of the rights
guaranteed by the First Amendment of the United States
Constitution. ( Vogel v. County of Los Angeles (1967) 68
Cal.2d 18.)
This bill establishes an alternative oath for applicants
for public employment and for public employees who are
precluded by their moral, ethical, or religious beliefs
from taking and subscribing the loyalty oath specified in
Section 3 of Article XX of the California Constitution from
taking such oaths or from the ability to take such oaths
without mental reservation.
Background
SB 1322 (Lowenthal), 2007-08 Session, contained provisions
of this bill as well as sought to repeal a number of
McCarthy-era laws relating to anti-communism. SB 1322 was
vetoed, but the Governor's message referred only to the
repeal of the anti-communism statutes, not to the loyalty
oath provisions of the bill. This bill addresses only the
loyalty oath applicable to public employees.
Section 3 of Article XX of the California Constitution
requires that members of the Legislature and all public
officers and employees take a prescribed loyalty oath but
permits the Legislature to make exceptions form the oath
for "inferior officers and employees."
Members of some religions, such as Jehovah's Witnesses, are
precluded by their faith from taking oaths. Others, such
as Quakers, are committed by faith to pacifism and
interpret the phrase "defend [the constitution] against all
enemies, foreign and domestic" as requiring them to
participate in war or violence.
In 2008, two Quakers were denied employment by the
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California State University (CSU) system for refusing to
sign or altering the loyalty oath because it conflicted
with their religious beliefs. Only after lawsuits were
filed and the CSU suffered significant public criticism
were those instructors ultimately hired.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/13/09)
American Civil Liberties Union
American Federation of State, County and Municipal
Employees, AFL-CIO
California Church Impact
Friends Committee on Legislation of California
OPPOSITION : (Verified 4/13/09)
City of Palm Desert
ARGUMENTS IN SUPPORT : The author's office writes, "SB
1322 creates a religions exemption to the loyalty oath,
allowing persons, other than elected or appointed
officials, whose moral, ethical or religious beliefs
conflict with the current oath to sign an alternative
statement affirming that the person is willing to uphold
the constitution and all laws and to faithfully discharge
the duties of employment?
"We should not be asking people to violate their faith in
order to work for the state of California as long as they
will uphold the laws of this state and fulfill the
obligations of their job."
ARGUMENTS IN OPPOSITION : Some public employers oppose
the provision of an alternative oath to employees or
applicants based upon moral, ethical, or religious beliefs
in conflict with the person's ability to take and subscribe
the oath without mental reservation.
The City of Palm Desert "seeks at all times to accommodate
potential employees without regard to race, religion, sex,
country of origin, personal beliefs, etc. However, in
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order to be consistent, public employers should have the
freedom to require all employees to subscribe to the same
manner in taking the oath of office for employment.
Therefore, the City of Palm Desert must respectfully oppose
SB 115."
RJG:cm 4/14/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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