‘Decision defends freedom’: 9th Circuit rules in favor of educators fired over gender opinions

GRANTS PASS, Oregon – Two Oregon educators who were fired for expressing their opinions about gender-identity issues on their own time have won a victory in the 9th Circuit Court of Appeals.

The two women, Rachel Sager (previously Damiano), a former assistant principal, and Katie Medart, a teacher, had sued the Grants Pass School District after being fired over their production of a 2021 video, called “I Resolve,” that presented ideas about how the district could handle issues surrounding the use of pronouns and restrooms amid the growing popularity of students identifying as genders counter to their biological sex. The two hoped the district would establish policies that protected student privacy, respected parental rights and labeled restrooms and changing areas based on “anatomical gender presentation.”

A three-judge panel ruled Monday that the women can move forward with their lawsuit.

As reported by the Oregon Eagle, Judge Jennifer Sung wrote that there are real disputes over what the pair did and whether it disrupted the district enough to justify their firings, meaning a jury of the educators’ peers may now decide whether their speech was wrongly punished by the district.

Sager and Medart’s video was made at a local church during spring break on their own time, but allegations arose that they used some work time and school email accounts, and that Medart mentioned an actual student’s situation in the film. As WND reported, after initially being fired, the district reinstated them but in different positions.

The educators sued the school district for violating their free speech, equal protection, Title VII rights and the Oregon Constitution. A lower court threw out their claims, but the 9th Circuit decision brings key parts of the suit back to life.

Matthew Hoffmann, legal counsel for Alliance Defending Freedom, which has been working on the case, told the Oregon Eagle the ruling affirms vital rights for teachers.

“The 9th Circuit recognized that teachers don’t give up their free speech and religious rights when they step onto campus. Government employers can’t silence speech just because they disagree with it,” Hoffmann said.

“Rachel and Katie spoke up for what they believed was best for everyone: parents, students and staff alike. They didn’t break the law. They didn’t harm anyone. They offered ideas. The district fired them for it, and that’s flatly unconstitutional.”

Hoffmann says the message is clear: “Public schools can’t play favorites in the culture war. They can’t protect one side and punish the other. This decision defends freedom for every teacher to speak up and stand with families.”

The lawsuit now goes back to the trial court, and based on the result there, either side could appeal again, potentially reaching the U.S. Supreme Court.

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