9th Circuit affirms dismissal of Oregon educator over gender-identity books in office

The 9th U.S. Circuit Court of Appeals, split along ideological lines, affirmed the termination of Roderick Theis, an education specialist employed by the InterMountain Education Service District in rural Oregon, for displaying Matt Walsh and Bomberger books that describe sex as binary and immutable in his office where students could view them. Judges John Owens and Jennifer Sung, both appointed by Democratic presidents, relied on a robust body of case law holding that teachers act as government speakers when their messages reach students within school walls.

The majority dismissed a preliminary injunction that had permitted Theis to keep the books when no students were present, emphasizing that his duties included administering standardized tests in the same space. Dissenting judge Lawrence VanDyke argued the ruling effectively silences personal viewpoints and likened it to banning teachers from displaying personal items like flags or pins. The decision contrasts with a recent Supreme Court signal that protected a coach’s post-game prayers, underscoring ongoing legal uncertainty over the boundary between personal and governmental speech in public schools. The case also involves the Alliance Defending Freedom, which represents Theis, and raises questions about potential selective enforcement of speech policies.