* A SAMPLE LETTER TO LEGISLATORS REGARDING THE STATE OATH OF ALLEGIANCE * WHERE TO SEND THIS LETTER IF YOU'RE REGISTERED TO VOTE IN THE SAN DIEGO AREA: SAN DIEGO AND UCSD CAMPUS: LA JOLLA AND DEL MAR: Assembly Member Susan Davis Assembly Member Dede Alpert State Capitol, Room 3120 1350 Front Street, Suite 6013 Sacramento, CA 95814 San Diego, CA 92101 (916) 445-7210 (619) 234-7878 EVERYWHERE IN GREATER SAN DIEGO: Senator Lucy Killea 2550 5th Avenue, Suite 152 San Diego, CA 92103 (619) 696-6955 You may clip this letter and send it, or use it as a guide to construct a letter of your own. DON'T FORGET TO SIGN THE LETTER, AND TO INCLUDE YOUR ADDRESS AT THE TOP! ------------------------------------CUT HERE----------------------------------- Dear Representatives: I support the elimination of the State Oath of Allegiance for employees of the University of California (see California Constitution XX.3 and California Government Code 3100-3109). The following points have not been given due consideration in implementation of the current policy: (1) Limitations on free thought are incompatible with the nature of a university. Paradoxically, true freedom and a vigorous democracy require tolerance of all political beliefs, even those whose praxis would constitute a threat to the state and its institutions. Any government that is so afraid of subversion that it censors the educational environment of its people does not deserve the label "democracy". (2) The mandate that all U.S. citizens employed by the state subscribe to this oath is especially onerous and insulting since it is not required for non-citizens (California Government Code section 3101). This suggests that the state believes that it has more to fear from its own people than from aliens. (3) The oath is unenforceable; thus the only people whom it successfully bars from university employment are those who have strong morals and consciences. (4) Many volunteers at the University of California are considered employees for the purposes of liability insurance and workers' compensation. Therefore people who wish to volunteer their services freely to the university but who will not sign the Oath either are not permitted to work or end up working unofficially, without the benefit of workers' compensation. This restriction operates against the spirit of neighboring section 3112 of the California Government Code, which recognizes that "[l]egal... disincentives and impediments need to be eliminated in order to establish an optimum environment for citizen initiative and volunteer action." (5) The stated intent of the Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees (which is cited on the Oath form as the authorizing power for the Oath) is to ensure that public employees come to the aid of the people of California in the event of a disaster (California Government Code section 3100). Such explicit disaster responsibilities have little bearing on university employees. (6) Administration and filing of the Oath creates a needless drain on the university's budget. The Department of Biology at UCSD last year lost a potential new faculty member, Mark Konishi, because he would not sign the Oath. Furthermore, there's no telling how many staff, students, and faculty each year are either discouraged from applying to the University of California or intimidated into swearing an oath that they don't believe in. In sum, the Oath is a Cold-War archaism, and it has no place in the State of California. Article XX, Section 3 of the California Constitution gives the legislature the power to exempt "inferior officers and employees" from the Oath requirement. This phrase can at least be construed to include student employees, and hopefully staff and faculty also. Now is the time for the legislature to exercise this power. As your constituent I look forward to your response and action on this matter. Sincerely,