Colorado § 22-61-104 - Oath, affirmation, or pledge - professors, instructors, and teachers in state institutions of higher education.

§ 22-61-104. Oath, affirmation, or pledge - professors, instructors, and teachers in state institutions of higher education.

(1) Every person employed to teach in a state university, college, local district college, community college, or technical college in the state of Colorado, before entering upon or continuing the discharge of his or her duties, shall take or sign the following oath, affirmation, or written pledge; except that a person employed to teach in a temporary capacity who is a citizen of a nation other than the United States is not required to take such oath or affirmation or sign such pledge:

I solemnly (swear) (affirm) (pledge) that I will uphold the constitution of the United States and the constitution of the state of Colorado, and I will faithfully perform the duties of the position upon which I am about to enter.

(2) A person authorized to administer oaths in the state of Colorado shall administer the oath or affirmation, or the professor, instructor, or teacher must sign the pledge.

Source: L. 21: p. 720, § 2. C.L. § 8442. CSA: C. 146, § 236. CRS 53: § 123-17-15. L. 61: p. 666, § 2. C.R.S. 1963: § 123-17-7. L. 69: p. 1024, § 2. L. 2017: Entire section amended, (SB 17-296), ch. 313, p. 1688, § 7, effective June 2.

ANNOTATION

Oath is not vague or indefinite and does not curtail freedom of expression. Oath required of employees and faculty at state university, by which taker would swear or affirm to support the federal and state constitutions and laws is not vague and indefinite and does not have a tendency to curtail freedom of expression, since recognition of and respect for law in no way prevents the right to dissent and question repugnant laws. Hosack v. Smiley, 276 F. Supp. 876 (D. Colo. 1967), aff'd mem., 390 U.S. 744 (1968).

This new oath applies to all faculty and employees. New oath required of employees and faculty at state university, under which taker swears or affirms that he will support the state and federal constitutions and laws, which replaces old oath struck down as unconstitutional, is applicable equally to all the faculty and employees. Hosack v. Smiley, 276 F. Supp. 876 (D. Colo. 1967), aff'd mem., 390 U.S. 744 (1968).

Because application to new employees alone would violate equal protection. To apply this new oath to new employees alone would constitute an invalid and discriminatory classification which would violate the equal protection clause of the United States constitution. Hosack v. Smiley, 276 F. Supp. 876 (D. Colo. 1967), aff'd mem., 390 U.S. 744 (1968).

No hearing is required for those who refuse to take the oath. Failure to provide a hearing for employees or faculty at state university who refused to take oath to support federal and state constitutions and laws did not constitute a violation of procedural due process. Hosack v. Smiley, 276 F. Supp. 876 (D. Colo. 1967), aff'd mem., 390 U.S. 744 (1968).

For unconstitutionality of previous version of the oath, see Gallagher v. Smiley, 270 F. Supp. 86 (D. Colo. 1967).