A recent decision by a federal appeals court has upheld the firing of a former Oregon school counselor, Roderick E. Theis II, over the display of books promoting binary gender ideas to students. According to documents accessed by Fox News Digital, the 9th U.S. Circuit Court of Appeals ruled 2-1, affirming Theis’s dismissal from the Oregon InterMountain Education Service District (IMESD).
Theis worked as an education specialist at IMESD for more than 15 years, interacting with middle school students. In his offices, Theis displayed books titled “He is He” and “She is She,” along with another children’s book by conservative commentator Matt Walsh, titled “Johnny the Walrus,” which allegorically addresses transgender issues, as noted in the court documents.
Theis informed school administrators that he did not intend to offend and considered removing the books when transgender-identifying students visited his office.
After investigating, IMESD labeled the book display a “bias incident,” instructing Theis to remove them or face termination. While a federal judge partially granted Theis’s request to continue displaying the books when students were not present, his employment was eventually ended following a district investigation. The investigation found Theis had provided books to students who requested them.
Theis’s legal team argued that he was protected from the injunction during unofficial meetings, but a lower court found that the injunction prohibited displaying the books when students were present. The appeal to overturn his termination was dismissed by the 9th U.S. Circuit Court of Appeals, which referenced precedents stating educators’ speech is deemed government speech when interacting with students.
“As a government employee, Theis was assigned to work in school offices, meet with students, and carry out his duties in that setting,” Circuit Judge John B. Owens wrote. “His speech occurred in the course of those responsibilities and cannot be meaningfully separated from them. As such, Theis’s speech falls outside the First Amendment’s ambit.”
However, Circuit Judge Lawrence VanDyke dissented, suggesting Theis’s books were personal decorative items and raised questions about equity in political speech allowed by schools.
Julia Bonavita, who reports on media and culture for Fox News Digital, has reached out to Theis’s attorney and IMESD for additional comments.