Like California's constitution, the Nevada Constitution requires state university system faculty pledge an oath to "protect and defend" the U.S. and state governments and constitutions "against all enemies, foreign and domestic."
"Some people do have issues with it," university system Chief Counsel Bart Patterson said.
But he added that the few complaints he has heard of have been from part-time faculty, and that those complaints have been worked out with university and college human resources departments.
Ultimately, the issue is dealt with by the state attorney general's office, Patterson said.
The origin of the oath goes back to the birth of the state during the turbulent Civil War, according to State Archivist Guy Rocha.
"When they were swearing in officials ... in the midst of the Civil War, there were people in this country that were subversive and they wanted to make sure they were loyal," Rocha said.
Public school teachers are also required to sign the oath. If a faculty member does not sign it, then that person doesn't receive a paycheck, according to the Nevada Constitution.
Alan Lichtenstein, general counsel for the American Civil Liberties Union of Nevada, said his office has received complaints, but none has reached a courtroom.
He said he thought those who have complained have legitimate issues with the oath, specifically about having to protect and defend the government.
"It's one thing to pledge to protect and defend the Constitution and those principles," Lichtenstein said. "But the other thing is the question of defending the government, because governments change, and the idea of protesting the government is constitutionally protected."
He suspected that more people don't take issue with the form because they don't pay much attention to it.
"It's like the pledge of allegiance," he said. "Is anyone really pledging allegiance, or are they going through the motions?"
Former University of Nevada, Las Vegas Faculty Senate Chairman Bryan Spangelo said he has never heard any faculty complain about the oath, and that it hasn't affected academic freedom at the campus.
If anything, he wondered about the reasoning behind it.
"That's my question: Why are we doing it? What's the point of it?"
Contact reporter Lawrence Mower at lmower@reviewjournal.com or 702-383-0440.
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