PORTLAND, Ore. – In a victory for public educators’ freedom of speech and religion, the U.S. Court of Appeals for the 9th Circuit ruled Tuesday to vacate the district court’s decision rejecting the claims of two educators that their Oregon school district violated their free speech, religious freedom, and equal protection rights. The appeals court remanded the case for trial on the merits of the educators’ claims.
Alliance Defending Freedom and Pacific Justice Institute attorneys represent Rachel Sager (formerly Damiano) and Katie Medart after Grants Pass School District 7 officials punished them for speaking about gender identity education policy. The lawsuit against the school district came in 2021 when officials suspended and then terminated them for voicing their opinions about local, state, and national policy. Sager and Medart appealed to the 9th Circuit in April 2023, and the court heard oral arguments in June 2024.
“Educators are free to express opinions on fundamental issues of public concern—like gender identity education policy—that implicate the freedoms of teachers, parents, and students,” said ADF Legal Counsel Mathew Hoffmann, who argued before the court. “The court affirmed that educators don’t give up their First Amendment rights just because they work behind the schoolhouse gate, and public schools can’t retaliate against speech simply because they disagree with what’s said.”
“Vigilance is necessary to ensure that public employers do not use authority over employees to silence discourse, not because it hampers public functions but simply because superiors disagree with the content of employees’ speech,” the court reaffirmed in its opinion in Damiano v. Grants Pass School District 7.
Sager and Medart have worked in the education field for many years, including at North Middle School in Grants Pass. Sager served as assistant principal, and Medart taught science there. Together, they started the grassroots organization “I Resolve” to propose gender identity education policy proposals that respect the rights of students, parents, and teachers. The educators were forced to file a lawsuit against the school district for violating their rights to free speech and religious freedom.
The ADF Center for Academic Freedom is dedicated to protecting First Amendment and related freedoms for students and faculty so that everyone can freely participate in the marketplace of ideas without fear of government censorship.
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