Two Obama- and Biden-appointed judges dismissed the Oregon school employee’s case over the right to display the books in his office
An Oregon school employee who was fired for displaying children’s books that reject transgender ideology cannot challenge their dismissal, a US appeals court has ruled.
Two Obama and Biden-appointed judges dismissed education specialist and licensed clinical social worker Roderick Theis II’s First Amendment right to display ‘He Is He’ and ‘She Is She’ in his office at La Grande Middle School. Theis also displayed conservative commentator Matt Walsh’s ‘Johnny the Walrus’, a satirical children’s book about a boy struggling with his ‘walrus’ identity, at another school office.
The district received a complaint and called the books a “bias incident” against transgender students. Theis denied that he tried to harm anyone, but was ordered to remove them whenever students were present.
A judge later allowed him to display the books only when his office was empty, but at one point, several students came in and asked to read them. A teacher filmed the encounter and filed a complaint, after which the district fired Theis.
He sued the district, arguing that the order and his subsequent firing violated his First Amendment right to free speech.
On Tuesday, the Ninth Circuit Court of Appeals dismissed the free speech case and upheld Theis’ dismissal in a 2-1 ruling.
Judges John Owens and Jennifer Sung, appointed by former presidents Barack Obama and Joe Biden respectively, said the books could be treated as the school’s own message because they were visible to students while Theis was working.
Trump-appointed Judge Lawrence VanDyke issued a fierce dissent, arguing that the books were personal office decorations no different from Pride flags, Black Lives Matter posters, or political endorsements displayed by other employees.
He argued that “Theis’s expression is protected by the First Amendment,” and that the ruling effectively gave schools sweeping power to promote one political message while suppressing the opposing view.
The appeals court previously ruled against Olympus Spa, a women-only Korean nude spa that had been ordered to admit transgender-identifying male customers. The spa is currently seeking to take its case to the US Supreme Court.
The ruling comes amid a wider rollback of transgender and DEI policies in the US. The Trump administration has restricted military service for people with gender dysphoria, moved against medical transition for minors, dismantled federal DEI programs, and backed sex-based rules in women’s sports.
While Republican-led states have adopted similar measures, Democratic-led jurisdictions, activists, and some courts have continued to defend gender-identity-based policies.
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