The United States Court of Appeals for the Ninth Circuit has ruled that California professors may not challenge the new state law that allows state and union officials to determine the acceptability of religious beliefs when employees seek an exemption from the requirement to pay union dues.

The union initially sent a notice to 14,000 non-union professors that a religious accommodation could be obtained only if they were a member of an approved church – as stated in the statute.

But later, California Faculty Association (CFA) union lawyers filed a sworn declaration with the court that despite its previous statements to 14,000 professors, the CFA union does not apply the statute as actually written – or as advertised to this very day on the union’s web site. Based on that declaration filed with the court only, the court ruled that the professors do not have standing to challenge the law even if it violates employees’ freedom of association under the First Amendment.

“It is outrageous that union officials and state bureaucrats try 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.”

National Right to Work Foundation attorneys filed the class-action suit, Baird v. CFA, in February 2000 against the CFA union and the State of California on behalf of 14,000 non-union California State University (CSU) professors who must now pay $8.5 million annually in forced dues seized under a sweeping law signed by Governor Gray Davis in 1999.

The lead plaintiff, Dr. Charles Baird, distinguished professor of economics at CSU Hayward and a practicing Roman Catholic, had filed an objection to supporting the CFA union since his religious views did not allow him to support an organization that promotes conflict and uses coercion to achieve its goals. But the union’s officials denied his objection.

Meanwhile, Professor Baird filed a charge at the Equal Employment Opportunity Commission (EEOC) in which the EEOC issued a decision finding cause to believe that the union had not properly accommodated Dr. Baird’s religious beliefs. Under Title VII of the Civil Rights Act, employees who have a sincere religious objection to supporting a union – regardless of church affiliation – may divert their compulsory union dues to a charity instead.

The plaintiffs are considering an appeal of the Ninth Circuit’s decision to the U.S. Supreme Court.

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.