Oregon School District Pays $650,000 to Teachers Who Opposed Trans Policy

Two Oregon teachers who were fired after criticizing their school district's policy, which allowed trans-identifying students to use bathrooms and locker rooms of their choice, have reached a $650,000 settlement with their former employer. 

The Alliance Defending Freedom (ADF), a nonprofit legal group, has announced that the Grants Pass School District 7 agreed to pay that amount in damages and attorneys' fees for the wrongful termination of Rachel Sager (formerly Damiano) and Katie Medart.

As CBN News reported, the educators filed a lawsuit after officials suspended and then fired them in 2021. The teachers allege it was for expressing their opinions on a personal online platform, when they weren't acting as representatives of the school district. 

Sager and Medart have worked in the education field for several years, including at North Middle School in Grants Pass, according to the ADF. Sager served as assistant principal, and Medart taught science at the school. Together, they started the grassroots organization "I Resolve" to propose gender identity education policies that respected the rights of students, parents, and teachers.

Their proposals advocated for teachers to abide by their conscience and refrain from using pronouns inconsistent with a student's biological sex. "I Resolve" suggested that locker rooms, showers, and restrooms be designated based on a person's biological gender. The group also endorsed and gave students the option to request access to private restrooms and locker rooms.

Working together, attorneys with the Pacific Justice Institute (PJI) and Alliance Defending Freedom (ADF) filed a lawsuit in 2023, urging the U.S. Court of Appeals for the 9th Circuit to protect the educator's First Amendment right to free speech and religion.

In June, the court ruled in Sager and Medart's favor by partially vacating the lower court's decision and remanding the case for trial, the ADF announced in a press statement. 

"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.

 As part of the settlement, Grants Pass School District agreed to pay $650,000 in damages and attorneys' fees, issue a public statement acknowledging that the educators' wrongful termination fell short of its standards and responsibilities, provide positive letters of recommendation for both teachers, revise the district's policy to comply with the First Amendment, and remove negative references from their personnel files.

"The District and Board acknowledge that their handling of this matter fell short of their standards and responsibilities," the public statement reads. 

"The District affirms employees' rights to speak as private citizens on matters of public concern. The District has revised Policy...to protect employees' freedom and remain compliant with federal and Oregon law. It has expanded access to gender-neutral, single-occupant restroom facilities. The District also has practices in place to protect employee religious freedom," it continued. 

ADF attorneys are applauding the court's decision. 

"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. "The Grants Pass School District is taking the right step by acknowledging that teachers don't give up their First Amendment rights when they set foot on school property. Public schools can't retaliate against speech simply because they disagree with what's said."

Editor's Note: This story was updated to clarify that the teachers were fired after criticising the school's policy and to include the Grant Pass School District 7's public statement. 

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