Court Rules Against Social Worker for Promoting ‘Binary View of Gender’
A court ruled against a social worker who was fired for displaying “transphobic” children’s books that depict a “binary view of gender” in his school offices.
Alliance Defending Freedom filed suit on behalf of Education Specialist Rod Theis in May 2025, alleging that InterMountain Education Service District (IMESD) violated his First Amendment right to freedom of speech by firing him for displaying the books She is She, He is He and Johnny the Walrus in his office.
A three-judge panel from the U.S. Court of Appeals for the Ninth Circuit ruled against Theis’ contention that his free speech was violated by IMESD, a local government agency which provides special education, technology support and administrative services to 17 school districts in Eastern Oregon.
She is She and He is He, by the Radiance Foundation’s Bethany and Ryan Bomberger, explore the goodness of being a girl or a boy. The books also explain what the Bible says about being loved by God and created in His image, and they teach scientific facts about male-female differences and our unchangeable, biological sex.
Johnny the Walrus, by Daily Wire podcaster, theocratic fascist and best-selling children’s author Matt Walsh, is about a boy with a vivid imagination who pretends to be a walrus. Activists try to help him “become” a walrus, but, (spoiler alert) this is impossible.
But IMESD believes that displaying the truth about biological reality, is “a hostile expression of animus toward another person relating to their actual or perceived gender identity.”
The original complaint notes that IMESD staff are allowed to “decorate their offices with personal items conveying a multitude of messages concerning numerous topics.” These include social and political messages, such as posters touting support for gender-neutral pronouns, the black lives matter movement, “activism through art” and President Barack Obama.
IMESD Assistant Superintendent Aimee VanNice told Theis a school employee had filed a “bias incident complaint” against him for displaying the books. As a result, the education service district would “conduct an investigation of the display of the Books’ covers as ‘a potential bias incident relating to another person’s gender identity.’”
During that investigation, VanNice “demanded to know how [Johnny the Walrus] could be used to support a transgender student,” even though the book does not directly depict transgenderism.
She also asked, seemingly in all seriousness, “Why can’t Johnny be a walrus?”
ADF’s lawsuit pointed out that other educators had many books on display, including somefeaturing “violence, suicide, explicit language, domestic abuse, drug and alcohol use, and sexual content.” The complaint also pointed to the fact that schools serviced by IMESD had English and science classes that also teach “a binary view of gender.”
But the agency determined Theis’ display of the children’s books violated its Speech Policy and fired him.
Circuit Judges John B. Owens and Jennifer Sung, appointed by President Brack Obama and President Joe Biden, respectively, ruled against him, arguing there is a “robust body of precedent holding educators speak as government employees when they convey messages to students within the four walls of a school.”
Circuit Judge Lawrence VanDyke, appointed by President Donald Trump, disagreed, saying:
VanDyke said that the books in Theis’ office were not disruptive and the administration had discriminated against his scientific and biblical views. He wrote:
Alliance Defending Freedom Senior Counsel Mathew Hoffmann told the Daily Citizen:
Hoffman added, “We will continue to defend Rod’s First Amendment freedom to express his views like other employees.”
The case is Theis v. InterMountain Education Service District.
Related articles and resources:
Austin Fire Chaplain Wins Settlement After Being Fired for Defending Biological Reality
‘Johnny the Walrus’ Loved by Critics – But Makes Some Amazon Employees and Customers Really Sad
YAF Sues University of Minnesota Over Forced ‘Transgender’ Speech Codes
Oregon School District Pays $650,000 for Firing Teachers Opposed to ‘Trans’ Policy
Teacher Wins $650,000 After Being Fired for Refusing to Use ‘Trans’ Pronouns
Teacher Wrongly Fired for Refusing to Use ‘Preferred Pronouns’ Wins $575,000
Free Speech Victory for Virginia Teacher Fired Over ‘Transgender’ Pronoun Policy
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