Federal Judge Rules Oregon School District Cannot Discipline Social Worker for Displaying Gender Identity Books

The Oregon Inter-mountain Education Service District has been ordered by U.S. Magistrate Judge Andrew D. Hallman not to impose disciplinary action against a clinical social worker for displaying books in his office that could offend transgender students.

The Judge found that Roderick E. Theis cannot influence impressionable students if none were present in his office where the books were on display.

Theis has been employed by the Inter-Mountain school district since 2008 and visits schools in Baker, Grant, Malheur, Morrow, Umatilla, Union, and Wallowa.

He Displayed “She is She” and “He is He” Books in His Office

The court heard that last October, Theis displayed two books about gender identity in his office at La Grande Middle School, entitled “She is She” and “He is He,” written by Bethany and Ryan Bomberger. Theis argued that he displayed the books to send a positive message about identity and did not believe that the books relayed a hostile message.

Later that month, Theis received an email from the school principal about a complaint lodged by another employee who was concerned that transgender students would find the books offensive.

The following day, the school district informed Theis that he would be investigated for a bias violation and violating the school district’s “Every Student Belongs” policy. The concerns were based on his display of the two books, as well as a third book titled “Johnny the Walrus.”

During the district investigation, Assistant Superintendent Aimee VanNice informed Theis that the three books were inappropriate and requested that he display books with gender neutral content. She pointed out that the “She is She” book advocated gender-specific sports teams. Theis then received a letter from VanNice in which she told him that he could face disciplinary action, including the possibility of losing his job.

Theis appealed to the superintendent, but was told that the books promoted a binary gender view and created a hostile environment.

Theis then appealed to the school district’s board, but this appeal too was denied. He then filed a lawsuit in U.S. District Court in Pendleton, arguing that the Inter-mountain school district adopted “content and viewpoint discrimination.”

However, Judge Hallman disagreed, finding that the district’s policy addressed legitimate concerns and declined to order the removal of the bias letter from Theis’s personnel file.