Some agencies take the oath more seriously than others. Certain school districts and community colleges have been known to let employees change the wording of the oath when they sign or to ignore the requirement altogether. Others, including the University of California, advise employees on how they can register their objections yet still sign the pledge.
All state, city, county, public school, community college and public university employees -- about 2.3 million people -- are covered by the law, although noncitizens are not required to sign.
UC Berkeley was the first to impose a tough anti-communist loyalty oath in 1949 and fired 31 professors who refused to sign.
After a version of the oath was added to the state Constitution, courts eventually struck down its harshest elements but let stand the requirement of defending the constitutions. In one court test, personal statements accompanying the oath were deemed constitutional as long as they did not nullify the meaning of the oath.
Now, the University of California advises new employees who balk at signing the pledge that they can submit an addendum, as long as it does not negate the oath.
UC even provides sample declarations, such as: "This is not a promise to take up arms in contravention of my religious beliefs," or "I owe allegiance to Jehovah."
The California State University system takes a firmer approach.
Kearney-Brown, the math instructor fired by Cal State East Bay, said she added the word "nonviolently" just as she had when taking previous jobs as a high school teacher. The university, however, told her she could not alter the pledge.
After her case attracted media attention and help from the United Auto Workers, which represents some Cal State employees, the university reversed course. The office of Atty. Gen. Jerry Brown drafted a statement declaring that the oath does not commit employees to bear arms in the country's defense. Cal State agreed to let Kearney-Brown attach it to her oath and she was reinstated.
Kearney-Brown said she believed she was defending the Constitution by objecting to the oath and argued that signing a pledge should not be reduced to a meaningless formality.
"The way it's laid out, a noncitizen member of Al Qaeda could work for the university, but not a citizen Quaker," she said.
The 23-campus Cal State system has fired instructors over the oath at least twice before.
