San Francisco, Calif. (February 14, 2002) – This morning the United States Ninth Circuit Court hears arguments in the challenge to a new state law that passes judgment on professors’ religious beliefs when they object to supporting a union.

The court will decide if the professors may challenge a California statute that forces all California State University (CSU) professors to pay union dues unless they are a member of a state- approved religion. State and union officials are given the power to pass judgment on the acceptability of the religious beliefs of CSU employees. In the complaint, the professors challenge the “religious objector” language because it violates their freedom of association protected by the First Amendment.

National Right to Work Foundation attorneys filed the class-action suit, Baird et al. v. CFA, in February 2000 against the California Faculty Association (CFA) union on behalf of 14,000 CSU professors who object to having more than $8.5 million in forced dues seized from their paychecks under a new compulsory unionism law. If the court rules in the professors’ favor, the case will be remanded to the federal court in Sacramento.

“It is outrageous that union officials and state bureaucrats get to play God and decide which religions are approved and which are not,” said Stefan Gleason Vice President of the National Right to Work Legal Defense Foundation. “If someone has a sincere religious objection to supporting a union thought to be immoral, his or her rights should be respected.”

Pushed through to its passage by union lobbyists, California’s faculty forced-dues law requires that the 14,000 non-union professors must either quit their jobs or pay about $600 annually each to a union whose agenda they do not support.

“We hope the court will respect the First Amendment rights of California’s educators and overturn this offensive law,” stated Gleason.

The professors argue also that the new forced-unionism law discriminates against non-union higher education employees and violates the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States.

The complaint also explains how the law violates the First Amendment rights of university employees, as established by the U.S. Supreme Court in the Foundation-won case of Lehnert v. Ferris Faculty Association, by explicitly authorizing union officials to seize compulsory dues for lobbying activities. In Lehnert, the Court ruled unequivocally that the “State constitutionally may not compel its employees to subsidize legislative lobbying.”

The National Right to Work Legal Defense Foundation is a nonprofit, charitable organization providing free legal aid to employees whose human or civil rights have been violated by compulsory unionism abuses. The Foundation, which can be contacted toll-free at 1-800-336-3600, assists thousands of employees in about 200 cases nationwide per year.

Posted on Feb 14, 2002 in News Releases