Massachusetts Teachers' Oath
Encyclopedia
The Massachusetts Teachers' Oath was a loyalty oath
required to teach in Massachusetts
.
In response to political radicalism during the Great Depression
, several states passed legislation that required public school teachers to submit signed oaths of loyalty to the state and/or federal Constitution
s. This movement, supported by the national American Legion and other organizations, gained strength in Massachusetts in 1934 and 1935.
In 1935, after stormy hearings before the General Court
's Joint Education Committee at which Harvard President James B. Conant, historian Samuel Eliot Morison
, and the presidents of several colleges and universities spoke against the legislation, the Republican
-dominated House and Senate enacted teachers' oath legislation. The oath bill was introduced by Democratic state Representative Thomas Dorgan. Dorgan became known as the "Father of the Teachers' Oath," and resisted all efforts at repeal, both in and out of office.
The Massachusetts legislation was unique in that it applied to private educational institutions as well as public. It prompted the resignations of two Tufts University
professors, Earle Winslow and Alfred C. Lane in December, 1935. Lane moved to Florida, but Winslow decided to run for the Democratic Party
's nomination for the 9th Congressional District
in 1936. In the September primary, he came in 5th out of six candidates, earning only 1,452 votes out of 27, 948 cast. Thomas Dorgan lost in his bid for the nomination for Suffolk County Court Clerk. He secured a position with the state Department of Taxation, and in 1939 Democratic Mayor Maurice Tobin appointed him "legislative agent" for the City of Boston.
Harvard Geology Professor Kirtley Mather took a strong stand against the oath, but under pressure from President Conant he submitted a signed oath form in December, 1935. The Quaker Harvard Professor of Religion, Henry Cadbury
, rejected the teacher's oath in the 1930s, for reasons of conscience, telling the truth, and as a form of social activism. He turned down the Hollis Professorship in Divinity at Harvard.
The controversy also cost the long-serving state Commissioner of Education Payson Smith his job. Smith had spoken out against the legislation during the hearings, but nevertheless strictly enforced the law despite a compromise worked out with leading educators and the Attorney General, Paul Dever. Despite this, Democratic Governor James Michael Curley
wanted Smith out. Smith's term expired on December 1, 1935, and he continued to serve as Acting Commissioner while he awaited his fate. The media and educational leaders pressured Curley to re-appoint Smith, so Curley met with the Democrats on the Governor's Council in closed session shortly before they were to vote on the issue. When the Council met, Curley submitted Smith's name and it was promptly rejected. Curley then nominated Adams, Massachusetts
school superintendent James G. Reardon, and the Council voted to approve him. Reardon, a graduate of Boston College
, had spoken out in favor of the oath law.
In 1936, several well-respected educators, including Morison and Mather, joined together to form the Massachusetts Society for Freedom in Teaching (MSFT) to coordinate efforts to repeal the oath legislation. This organization worked closely with educational leaders like Conant and President Daniel Marsh
of Boston University
to lobby for repeal. As a result of the November elections, sixty representatives who supported the oath were not returned to the House, and oath opponents hoped that this change could lead to repeal.
The Republican House and Senate did pass repeal legislation in March, 1937, but the vote in both chambers proved very close: 21–19 in the Senate, and 120–112 in the House. Democratic Governor Charles Francis Hurley vetoed the legislation, claiming that it was an important part of the fight against radicals and Communists. Opponents of the oath in the House were unable to muster the two-thirds majority required to override Hurley's veto, which was sustained by a vote of 101–100.
A similar repeal effort failed in 1939, and although newly elected Republican Governor Leverett Saltonstall
indicated that he would sign a repeal bill, it failed to pass the state legislature.
The teachers' oath legislation remained in force until invalidated by the Massachusetts Supreme Judicial Court
in 1967 in its ruling on Pedlosky v. Massachusetts Institute of Technology. The Massachusetts General Court
passed legislation to repeal all loyalty oaths in 1986, which was signed by Governor Michael Dukakis
.
Loyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
required to teach in Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
.
In response to political radicalism during the Great Depression
Great Depression
The Great Depression was a severe worldwide economic depression in the decade preceding World War II. The timing of the Great Depression varied across nations, but in most countries it started in about 1929 and lasted until the late 1930s or early 1940s...
, several states passed legislation that required public school teachers to submit signed oaths of loyalty to the state and/or federal Constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s. This movement, supported by the national American Legion and other organizations, gained strength in Massachusetts in 1934 and 1935.
In 1935, after stormy hearings before the General Court
General Court
The General Court is the shorthand name for the:* General Court * New Hampshire General Court* Massachusetts General CourtThis term also formally applied to the:* Vermont General Assembly, formerly the Vermont General Court...
's Joint Education Committee at which Harvard President James B. Conant, historian Samuel Eliot Morison
Samuel Eliot Morison
Samuel Eliot Morison, Rear Admiral, United States Naval Reserve was an American historian noted for his works of maritime history that were both authoritative and highly readable. He received his Ph.D. from Harvard University in 1912, and taught history at the university for 40 years...
, and the presidents of several colleges and universities spoke against the legislation, the Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-dominated House and Senate enacted teachers' oath legislation. The oath bill was introduced by Democratic state Representative Thomas Dorgan. Dorgan became known as the "Father of the Teachers' Oath," and resisted all efforts at repeal, both in and out of office.
The Massachusetts legislation was unique in that it applied to private educational institutions as well as public. It prompted the resignations of two Tufts University
Tufts University
Tufts University is a private research university located in Medford/Somerville, near Boston, Massachusetts. It is organized into ten schools, including two undergraduate programs and eight graduate divisions, on four campuses in Massachusetts and on the eastern border of France...
professors, Earle Winslow and Alfred C. Lane in December, 1935. Lane moved to Florida, but Winslow decided to run for the Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
's nomination for the 9th Congressional District
Congressional district
A congressional district is “a geographical division of a state from which one member of the House of Representatives is elected.”Congressional Districts are made up of three main components, a representative, constituents, and the specific land area that both the representative and the...
in 1936. In the September primary, he came in 5th out of six candidates, earning only 1,452 votes out of 27, 948 cast. Thomas Dorgan lost in his bid for the nomination for Suffolk County Court Clerk. He secured a position with the state Department of Taxation, and in 1939 Democratic Mayor Maurice Tobin appointed him "legislative agent" for the City of Boston.
Harvard Geology Professor Kirtley Mather took a strong stand against the oath, but under pressure from President Conant he submitted a signed oath form in December, 1935. The Quaker Harvard Professor of Religion, Henry Cadbury
Henry Cadbury
Henry Joel Cadbury was a biblical scholar, Quaker historian, writer, and non-profit administrator. A graduate of Haverford College, he was a Quaker throughout his life, though essentially an agnostic...
, rejected the teacher's oath in the 1930s, for reasons of conscience, telling the truth, and as a form of social activism. He turned down the Hollis Professorship in Divinity at Harvard.
The controversy also cost the long-serving state Commissioner of Education Payson Smith his job. Smith had spoken out against the legislation during the hearings, but nevertheless strictly enforced the law despite a compromise worked out with leading educators and the Attorney General, Paul Dever. Despite this, Democratic Governor James Michael Curley
James Michael Curley
James Michael Curley was an American politician famous for his four terms as mayor of Boston, Massachusetts. He also served twice in the United States House of Representatives and one term as 53rd Governor of Massachusetts.-Early life:Curley's father, Michael Curley, left Oughterard, County...
wanted Smith out. Smith's term expired on December 1, 1935, and he continued to serve as Acting Commissioner while he awaited his fate. The media and educational leaders pressured Curley to re-appoint Smith, so Curley met with the Democrats on the Governor's Council in closed session shortly before they were to vote on the issue. When the Council met, Curley submitted Smith's name and it was promptly rejected. Curley then nominated Adams, Massachusetts
Adams, Massachusetts
Adams is a town in Berkshire County, Massachusetts, United States. It is part of the Pittsfield, Massachusetts Metropolitan Statistical Area. The population was 8,485 at the 2010 census.-History:...
school superintendent James G. Reardon, and the Council voted to approve him. Reardon, a graduate of Boston College
Boston College
Boston College is a private Jesuit research university located in the village of Chestnut Hill, Massachusetts, USA. The main campus is bisected by the border between the cities of Boston and Newton. It has 9,200 full-time undergraduates and 4,000 graduate students. Its name reflects its early...
, had spoken out in favor of the oath law.
In 1936, several well-respected educators, including Morison and Mather, joined together to form the Massachusetts Society for Freedom in Teaching (MSFT) to coordinate efforts to repeal the oath legislation. This organization worked closely with educational leaders like Conant and President Daniel Marsh
Daniel Marsh
Daniel James Marsh was an Australian cricketer who captained the Tasmanian Tigers. The son of former Australian keeper Rod Marsh, Dan was a right-handed batsman and a handy slow left-arm orthodox bowler...
of Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...
to lobby for repeal. As a result of the November elections, sixty representatives who supported the oath were not returned to the House, and oath opponents hoped that this change could lead to repeal.
The Republican House and Senate did pass repeal legislation in March, 1937, but the vote in both chambers proved very close: 21–19 in the Senate, and 120–112 in the House. Democratic Governor Charles Francis Hurley vetoed the legislation, claiming that it was an important part of the fight against radicals and Communists. Opponents of the oath in the House were unable to muster the two-thirds majority required to override Hurley's veto, which was sustained by a vote of 101–100.
A similar repeal effort failed in 1939, and although newly elected Republican Governor Leverett Saltonstall
Leverett Saltonstall
Leverett A. Saltonstall was an American Republican politician who served as the 55th Governor of Massachusetts and as a United States Senator .-Biography:...
indicated that he would sign a repeal bill, it failed to pass the state legislature.
The teachers' oath legislation remained in force until invalidated by the Massachusetts Supreme Judicial Court
Massachusetts Supreme Judicial Court
The Massachusetts Supreme Judicial Court is the highest court in the Commonwealth of Massachusetts. The SJC has the distinction of being the oldest continuously functioning appellate court in the Western Hemisphere.-History:...
in 1967 in its ruling on Pedlosky v. Massachusetts Institute of Technology. The Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
passed legislation to repeal all loyalty oaths in 1986, which was signed by Governor Michael Dukakis
Michael Dukakis
Michael Stanley Dukakis served as the 65th and 67th Governor of Massachusetts from 1975–1979 and from 1983–1991, and was the Democratic presidential nominee in 1988. He was born to Greek immigrants in Brookline, Massachusetts, also the birthplace of John F. Kennedy, and was the longest serving...
.