In Theis v. Intermountain Education Service Board of Directors, (D ORA, Aug. 20, 2025), a social worker employed by the district to administer standardized tests individually to students sued claiming his constitutional rights were violated when the district found that his display of two particular books in his office violated the district's bias policy. The district found that the display of the books-- titled He is He and She is She--constituted a hostile expression toward a person because of their gender identity. Plaintiff was ordered to stop displaying the books.
The court concluded that the district's policy did not violate plaintiff's free exercise rights, saying in part:
... Plaintiff has failed to show that Defendant’s Speech Policy is not neutral. There is no indication that the ESB Policy restricts any religious practices because of their religious motivations. Indeed, the policy explicitly seeks to prevent discrimination or harassment based on religion. 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.
Plaintiff also has not shown that Defendants were “hostile” towards his religious beliefs....
The court however agreed in part with plaintiff's free speech claim, saying that "only his display when no students are present is protected under the First Amendment." It explained:
When no students were present in Plaintiff’s office, the message of the books would not be reasonably attributable to IMESD, and the display could not press Plaintiff’s views on impressionable or captive students.
