Two Grants Pass educators fired over their “I Resolve” campaign just won a big victory in the 9th Circuit Court of Appeals.
A three-judge panel ruled Monday that Rachel Damiano, now known as Rachel Sager, a former assistant principal, and Katie Medart, a teacher, can move forward with their lawsuit against the Grants Pass School District. They claim they were fired for exercising their First Amendment rights and for their religious beliefs.
Judge Jennifer Sung wrote that there are real disputes over what the teachers did and whether it disrupted the district enough to justify their firings. This means a jury may now decide whether their speech was wrongly punished.
What happened
In 2021, Damiano and Medart filmed a video called “I Resolve.” They advocated for an alternative to the district’s transgender policies to one that protected student privacy, respected parents’ rights, and labeled restrooms and changing areas based on “anatomical gender presentation.”
The educators made a website, sent emails and shared the video during spring break. An investigator later claimed they used some work time and school email accounts, and that Medart mentioned an actual student’s situation. After staff and community members complained, the district fired them that summer. Later the school board reinstated them to other positions after widespread public outrage.
Damiano and Medart 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. This week, the 9th Circuit brought key parts back to life.
What the ruling means
The court said individual administrators can’t be personally sued because the law was unclear at the time. But the district itself may still be on the hook for violating the teachers’ constitutional rights. The court also revived claims that district speech policies were used to punish certain viewpoints.
Matthew Hoffmann, legal counsel for Alliance Defending Freedom, told the Oregon Eagle this case 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.
He added: “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.”
What’s next?
The lawsuit now goes back to the trial court. The district will argue that any disruption caused by the employees’ action justified the firings. Both sides could appeal again, and this fight could reach the U.S. Supreme Court.
For now, the ruling stands as a reminder: Free speech and freedom of religion don’t end at the schoolhouse gate.
[Note: The Oregon Eagle reached out to Grants Pass School District for a comment. No comment was received at time of posting this article. This piece utilized AI for initial drafting and research.]
Richard Emmons is the publisher and editor of the Oregon Eagle.