Oregon educator was told to remove ‘He is He’ and ‘She is She’ books from display. He claims that violated his rights

PENDLETON — An eastern Oregon educator is suing his employer, alleging an order to remove anti-trans children’s books from his desk violated his constitutional rights.

Education specialist Rod Theis filed the federal lawsuit in May against the InterMountain Education Service District. He claims the district ordered him to remove two children’s books — “He is He” and “She is She” — from his desk. Theis asserts the two books explain that every child should love and accept themselves as God intended.

Theis alleges the district violated his rights to free speech under the First Amendment and equal protection under the 14th Amendment because the restriction is overbroad, not content-neutral and expresses hostility toward his religious-based viewpoints.

“Our legal system is built on the truth that the government can’t silence a speaker just because it disapproves of what he says,” his attorney Tyson Langhofer said in a statement.

The InterMountain Education Service District, based in Pendleton, includes roughly 20 school districts in Umatilla, Morrow, Baker and Union counties, including La Grande, Pendleton and Milton-Freewater school districts. It provides a variety of services, including special education, instructional services, technology support and administrative services, to districts and students.

Theis is a clinical social worker who has worked for the district since 2008, according to the lawsuit. His work involves traveling to schools to conduct evaluations to determine students’ social or emotional needs.

Superintendent Mark Mulvihill said Theis makes $89,000 a year. Mulvihill declined to comment on the lawsuit.

Theis claims he began displaying the two books on Oct. 2, 2024, on the windowsill behind his desk at La Grande Middle School. La Grande Middle School Principal Chris Wagner asked Theis on Oct. 21 to move the books out of sight after a staff member complained. One day later, service district Director of Human Resources Aimee VanNice told him that a potential bias incident complaint had been filed against him relating to a person’s gender identity.

According to the district’s Every Student Belongs policy, bias incidents include hostile expressions directed at another person based on their perceived race, color, religion, gender identity, sexual orientation, disability or national origin. During the district’s investigation of the complaint, Theis told VanNice he displayed another children’s book — “Johnny the Walrus” — in a different office. Theis claims the book is about a boy with a vivid imagination who faces pressure from others to permanently identify as the things he pretends to be.

VanNice told Theis on Nov. 22 that displaying the three books at his offices amounts to a bias incident, the suit says. She said similar conduct in the future might result in discipline or termination.

Theis appealed VanNice’s decision to Mulvihill on Dec. 2, 2024, but he did not prevail. He then appealed it on Jan. 22 to the Education Service District board of directors, who also rejected the appeal.

The matter went no further until Theis filed the federal lawsuit to stop the district from preventing him from displaying the books in his office.

Attorney Rebekah Schultheiss of Springfield and three out-of-state lawyers — Langhofer, Matthew Ray and David A. Cortman from the conservative legal advocacy group Alliance Defending Freedom — are representing Theis.

Alliance Defending Freedom helped overturn Roe v. Wade in 2023. Its website says it helps advance everyone’s God-given right to speak the truth and live.

InterMountain Education Service District has not responded to the allegations in the lawsuit. It has until Aug. 22 to respond.

Theis has requested a preliminary injunction to allow him to continue to display the books while the lawsuit is pending.

U.S. Magistrate Judge Andrew D. Hallman heard oral arguments on the preliminary injunction request on July 18 at the federal courthouse in Pendleton. He has not issued a ruling.

Theis has requested a jury trial. The court has not set a trial date.

— Lucas Hellberg is a reporter at the East Oregonian through the Charles Snowden Program for Excellence in Journalism. He is a student at the University of Oregon and previously worked as a member of The Oregonian/OregonLive’s Youth Voices team, where his worked garnered significant reader engagement.

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