Books authored by pro-lifers at center of Oregon school district case

An Oregon public school employee is appealing a lower court's decision to force him to remove certain children’s books on display in his office that espouse the traditional, historical, and biological view of gender and sex.

Key Takeaways:

• A school social worker sued his school district after they threatened his job for displaying two books in his personal office which espouse the view that sex (male/female) is an immutable characteristic.

• He says the books are not used with students, and argues that he has the right to display personal items of meaning or viewpoint, just as other school employees do in their classrooms and offices.

• The school district claims he has violated its bias policy, and that he isn't allowed to display any items that support biblical views on gender and sexuality. The irony is that for decades, public schools have promoted pro-abortion, pro-LGBTQ ideology as if it is entirely mainstream, acceptable to all, and based in fact — and they've done so with taxpayer dollars.

The Details:

Roderick Theis, a social worker of 17 years, sued InterMountain Education Service District (IMESD) in eastern Oregon after he was threatened with termination following a complaint by a fellow staff employee over children’s books Theis displayed on the back of desk. After a judge sided with the school district, Alliance Defending Freedom (ADF), who is representing Theis, filed an appeal.

The children’s books Theis displayed, “He Is He” and “She Is She,” espouse the view that males are males and females are females. They are authored by pro-life couple Ryan and Bethany Bomberger, co-founders of The Radiance Foundation, which has a stated mission to “create a culture that believes every human life has a purpose.” The Foundation states that the children’s books offer children the truth “in a culture that celebrates confusion and chaos… and celebrate our God given design.” 

An investigation by the IMESD found that the books, geared towards ages 2-8, espouse the view that there are only two biological sexes: male and female — and are therefore deemed ‘hostile.’

Court documents allege that IMESD allows for posters and books to be publicly displayed which promote an opposing view on gender and sexuality. 

According to ADF's appeal, school officials took issue with the fact that Theis displayed books espousing these views, which they claimed are “transphobic” and threatening to an “inclusive environment.” The appeal, however, asserts that just as other school employees, Theis has a right to decorate his own office space how he chooses, including with items that display his own personal views:

InterMountain employees like Rod use office space in the schools they serve, and InterMountain gives them a free hand to decorate those offices as they see fit; it does not require them “to ask permission before they present specific views or decorate their workspace.” 2-ER-81. Thus, they decorate their offices with paintings, personal photos, plants, posters, inspirational quotes, books, and more. 2-ER-185. Some opt for children’s toys, arts and crafts materials, and books on counseling children. 2-ER-186. Others for artwork, family photos, and personal notes from students and colleagues. 2-ER-186.

Some choose ideological décor, like the InterMountain employee who features a picture of workers standing in a picket line, holding rainbow-colored signs that spell “UNIONS”—a clear pro-LGBT message. 2-ER-186. To anyone familiar with InterMountain, this is not surprising, as this union urges members to engage in “Activism through Art,” noting “[a]rt is a powerful tool for change.” 2-ER-186. It provides posters for them to “use[ ] for creative and social media content, visuals, public messages, calls to action, ... and more.”...

Rod never used these books as part of his work with students, but the covers expressed his personal views. 2-ER-189. During the almost three weeks he displayed them, four students visited his office; no one complained or even inquired about them. No parent, student, or staff handled or read them while he was present. 2-ER-190.

The appeal provides multiple examples (and even visuals) of some of the posters and art displayed in other employees' offices and classrooms. It was a fellow employee's complaint that set off the investigation, and rigorous questioning by IMESD assistant and HR director Aimee VanNice followed.

VanNice asked Theis about “the science” quoted in the book, including statements such as, “DNA determines what we are (male or female)” and “[o]nly girls can get pregnant.”

Court documents state that Theis explained that he believes the Bible teaches “[w]e are all created equally but with different purposes," and that "[w]e are all designed by God, and [H]e was intentional” with the creation of human beings.

VanNice allegedly responded by asking, “Does this book ["She is She"] support a 'she' wanting to be a 'he'?”

Theis’s simple response was, “No.” 

VanNice also asked how the books might "help a transgender student," but Theis repeatedly made it clear that he only displays the books in his office — behind his desk where they are not easy to access by students — and has never used them with students.

After the investigation, IMESD concluded that employees “are not allowed to express views and opinions on specific subjects,” or display books that do “not support transgender or gender neutral" ideology and demanded that the books, which “present a point of view that not everyone is going to agree with,” be removed from Theis’s office under threat of job loss.  

Theis and ADF allege that several books inside the school “feature violence, suicide, explicit language, domestic abuse, drug and alcohol use, and sexual content... labeled for young adults," and that there are materials available to children which "contain sexually inappropriate material (e.g., masturbation), and had sparked parental complaints, but they all remained on display.”

The Backstory:

In August, U.S. District Court of Oregon Magistrate Judge Andrew Hallman issued a split decision opinion in the case, stating that IMESD could not take disciplinary action against Theis, so long as the books are displayed in his office only when students are not present. Hallman specifically stated that if students are not present, then the books cannot influence “impressionable or captive students.”

Hallman’s opinion went on to cite the IMESD adopted policies, “Every Student Belongs” (ESB) and the Bias Incident Complaint Procedure Policy, which were created in late 2020 to comply with state regulations. 

The ESB policy states:

• Education providers must “prohibit the display of symbols of hate on school property or in any education program.”

• Students are “... entitled to a high quality educational experience, free from discrimination or harassment based on perceived race, color, religion, gender identity, sexual orientation, disability or national origin.”

The statute defines “symbols of hate” as:

• a “noose"

• "symbols of neo-Nazi ideology"

• "the battle flag of the Confederacy”

The Bias Incident Complaint Procedure policy defines a ‘bias incident’ as:

“a person’s hostile expression of animus toward another person, relating to the other person’s perceived race, color, religion, gender identity, sexual orientation, disability or national origin…”

It also includes “derogatory language or behavior.”

These terms are highly subjective, and could lead to classifying fact-based books regarding biological sex as discriminatory, or as symbols of hate. When ideologically-based public education is the order of the day, facts that might cause offense or hurt feelings are often labeled as 'discrimination' and 'harassment.'

Hallman’s opinion also claimed that Theis “spoke as a public employee by prominently displaying the books while students were present, and that expression is not protected by the First Amendment.”

He declined to remove a letter in Theis’s personal file which claims he violated the anti-bias policy.

Interestingly, Hallman also stated, “​​And even if the ESB Policy adversely impacted religious practices, it is addressing the legitimate concern of ensuring an open and welcoming school environment for all students and employees” (emphasis added).

However, it seems to be a very unwelcoming environment for employees like Theis with differing views.

ADF's appeal explains that Judge Hallman’s opinion “... puts employees on notice that expressing—even passively—a 'binary view of gender’ constitutes a ‘bias incident’” despite no mention of such in the district's policy, nor in state law. 

Commentary:

According to the judge's opinion, students should not be exposed to certain information that might be deemed offensive or influence them. And yet, this is exactly what has been happening in public schools for decades. Live Action News has explained the history of how the pro-abortion movement merged with those promoting transgender ideology — and how this agenda made its way into the U.S. public education system.

As currently ruled, explicit books promoting masturbation, homosexuality, abortion, and ‘gender-affirming’ ideology are accepted and encouraged in Oregon's public schools, but children’s books espousing biological realities which are simply on display in an employee's office are banned.

Book co-author Ryan Bomberger recently expressed his thoughts on the case in a recent Townhall op-ed, stating: 

Common sense has been bludgeoned for decades by “progressivism.” The carnage is all around us. Too many parents pretend they don’t see the collateral damage (our confused and depressed children), are duped by the doublespeak, or don’t care.

Public schools across the country aren’t touting the First Amendment rights that distinguish America from the rest of the world. They’re slowly erasing them, one idea or fact at a time. Teachers or staff who dare to speak or show reality… well, they’re in for a world of hurt.

The Bottom Line:

As ADF Senior Counsel Tyson Langhofer stated, “This case isn’t about books; it’s about public officials telling an employee that he isn’t allowed to express a view that differs from their own.” 

Langhofer continued: 

Our legal system is built on the truth that the government can’t silence a speaker just because it disapproves of what he says. In the same way, InterMountain can’t censor Rod’s freedom of expression by forcing him to remove children’s book covers used as decoration in his office.

We are urging the court to protect his First Amendment freedom to express his views just as other teachers at the school are allowed to do.

Theis stated he wants students he works with to “experience kindness, dignity, and respect," adding, "This is an important aspect of what I do in the educational environment. Government officials are wrong to tell me I can’t express my sincere religious beliefs about male and female.”

Go Deeper:

Live Action News has extensively discussed the pro-abortion, pro-transgender ideology promoted in public schools with taxpayer dollars. Read more here:

• How a Planned Parenthood coalition fights to keep sexually graphic books in schools

• DEFUND Planned Parenthood: Leading an extremist coalition of sex ‘miseducators’

• Selling Sex in Schools: Who’s behind the sex ed being taught to our children?

• Unholy Alliances: How sex ed gatekeepers crowned themselves king

• Unholy Alliances: The abuse and lies that led to rampant child mutilation