EDUCATION

Oregon court upholds firing over gender-themed office books

PUBLISHED Jul 25, 2026, 3:48 PM ET

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A divided three-judge panel of the 9th U.S. Circuit Court of Appeals has upheld the termination of longtime Oregon school counselor Roderick E. Theis II, ruling his display of books promoting binary gender views in middle school counseling offices was not protected by the First Amendment. In a decision issued Tuesday, the court affirmed the InterMountain Education Service District’s conclusion that the display constituted a bias incident under its policies. Theis had placed titles including “He is He,” “She is She,” and Matt Walsh’s “Johnny the Walrus” in two offices, and was told to remove them or face dismissal after an internal investigation.

By Yusra M. | JQJO News

Timeline of Events

Over 15 years ago Theis begins work at IMESD
Earlier this school year books displayed in offices
Following complaints, IMESD opens internal investigation
Soon after, district labels book display bias
Subsequently, Theis ordered to remove materials
After refusal or dispute, IMESD terminates employment
Tuesday 9th Circuit issues 2-1 decision
This week appeals court rejects First Amendment claim

News Intelligence

This case could affect your child's school environment. It's about what materials are allowed in counseling offices. The court's decision supports schools in defining "bias incidents". If you have concerns, check your district's policies.