US appeals court reinstates religious freedom claim over California’s loyalty oath News
Missouri News Horizon, CC BY 2.0, via Wikimedia Commons
US appeals court reinstates religious freedom claim over California’s loyalty oath

The US Court of Appeals for the Ninth Circuit Monday reversed a lower court’s dismissal of a religious freedom complaint against California’s state controller. The court reinstated the claims because they believe the plaintiff alleged enough facts to demonstrate the loyalty oath and her religious beliefs are in conflict and the state office does not face undue hardship in granting the plaintiff’s accommodation request to alter the oath. The lower court initially held that her complaint lacked an actual and imminent threat of future injury required to get relief from the claims, and that only monetary damages would be available without an amended complaint.

Brianna Bolden-Hardge filed a complaint in a district court claiming California’s loyalty oath violated her religious freedom rights. The California Office of the State Controller, the office responsible for handling state funds and collection of taxes, offered the plaintiff a job at their office. Employment at that office requires pledging to the state’s loyalty oath. Bolden-Hardge, an ardent Jehovah’s Witness, asked for an accommodation to avoid pledging the California loyalty oath because it requires those to pledge allegiance to the federal and state governments and “willingness to take up arms to defend them.”

She filed for relief under a federal law known as Title VII, as well as the California Fair Employment and Housing Act (FEHA), for failing to accommodate her request. Bolden-Hardge requested the state controller change the oath to specify that her allegiance was to God first, rather than the federal and state governments, and that she would not take up arms in defense of the government. Title VII is a federal law that outlaws employment discrimination based on religion, while the California FEHA is a state law that outlaws employment discrimination. Finally, Bolden-Hardge included a claim that the state’s office violated her constitutional right to free exercise of religion under the US Constitution’s First Amendment.

In February, the US Court of Appeals for the Second Circuit held employers have the right under the First Amendment to refuse to employ people who had abortions.

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