ADF attorneys available for media interviews Monday following argument at federal appeals court
PORTLAND, Ore. – Alliance Defending Freedom attorneys representing a licensed clinical social worker will be available for media interviews Monday following oral argument in Theis v. InterMountain Education Service District Board of Directors at the U.S. Court of Appeals for the 9th Circuit in Portland.
The InterMountain Education Service District ordered Rod Theis to remove the children’s books “He Is He,” “She Is She,” and “Johnny the Walrus” that Theis displayed in his office. InterMountain and the schools it serves allow employees to decorate their offices with all kinds of personal items, including paintings, photos, quotes, books, and even posters or statements that convey political messages, such as promoting unions, Black Lives Matter, and the LGBT movement. The messages are not InterMountain’s or the schools’; they are the personal expression of employees.
But after one teacher complained, InterMountain ordered Theis to remove the books because they promote a “binary view of gender.” A lower court ruled that Theis could display the books but must hide them when the students he serves are present, prompting the appeal. After Theis returned the books to his office, the teacher who initially complained coordinated a set-up that allowed students Theis didn’t serve to view the books. InterMountain then fired Theis.
“This case is about public officials terminating an employee simply because he expressed a view that differs from their own,” said ADF Legal Counsel Mathew Hoffmann, who will be arguing before the court. “The government can’t silence a speaker just because it disapproves of what he says, and InterMountain can’t censor Rod, much less fire him. We are urging the court to reinstate Rod and protect his First Amendment freedom to express his views like other employees.”
“I treat every student with kindness, dignity, and respect,” Theis said. “Government officials are wrong to tell me—or any other employee—what personal views we can express.”
Theis was inspired by the message of hope for children conveyed in the books, which explain how children should embrace and love how God made them to be. Theis placed the books in his office, displaying only their covers. Yet InterMountain labeled the display “a hostile expression of animus toward another person relating to their actual or perceived gender identity” and ordered Theis to remove them. InterMountain warned Theis that “further conduct of this nature” would result in discipline, including termination. The district eventually followed through on that threat.
As ADF attorneys explain, InterMountain enforces a speech code that labels the commonly held binary view of gender as “transphobic” and “hostile” and threatens termination for speaking biological truth. As such, InterMountain’s censorship of Theis’ message violates his First and Fourteenth Amendment rights.
- Pronunciation guide: Theis (TICE’)
Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, and the sanctity of life.
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