Judge Says Peoria School Board Member’s Free Speech Claim Doesn’t Hold Water

A federal judge in Arizona ruled last week that a teacher who sued the Peoria Unified School District, claiming it violated her free speech rights by preventing her from reciting scripture during governing board meetings, lacked standing to bring the claim.

The decision is not a complete victory for those who were wanting more concrete answers on if Heather Rooks, a Peoria Unified Governing School Board Member, violated the state and federal constitution—specifically the Establishment Clause. Instead, the case was dismissed based on whether or not Rooks had a viable injury to make the claim in the first place.

Without that decisive judgement, the lawyers representing Rooks have said that while they appeal the decision, she'll continue using her position to recite scripture during public meetings.

Rooks, who was elected to the governing board in November 2022 and is now the President, is well known for pushing false theories about trans and nonbinary people. She also has routinely cited Bible verses while speaking at board meetings since taking office in 2023.

After being warned by legal counsel two months into her role, she continued doing so despite comments from the board president. He said if she continued reciting scripture, she would be going against legal counsel and violating the state's Open Meetings Law and the Establishment Clause, which ensures the legal separation of church and state.

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The webcast, organized by Arizona Women of Action, is part of a campaign to use LGBTQ+ issues as a galvanizing issue this November.

LOOKOUTTori Gantz (she/they)

In 2023, Rooks sued the district, arguing that restricting her ability to cite scripture at public board meetings violated her free speech rights. She moved for summary judgment, a ruling in which judges can decide part or all of a case based on evidence presented.

In his decision, U.S. District Judge Michael Liburdi, a Trump appointee, did not rule on whether Rooks violated the Establishment Clause. Instead, he rejected the argument that her rights were infringed in the first place, preemptively eliminating any debate on the merits of the case. 

Rooks claimed that when board members interrupted her scripture readings to remind her of legal implications, it interfered with her free speech. Liburdi dismissed that argument, stating the interruptions were brief and that she was allowed to continue speaking each time. He wrote that it was “hard to see how the interruptions resulted in … a traditional First Amendment harm.”

While some hailed the ruling as a victory for the separation of church and state, Liburdi did not explicitly rule on whether Rooks could continue citing scripture.

In fact, the law firm representing Rooks said the governing board member—who is now president of the district board—would continue despite the board lawyer’s advice. “Heather plans to resume saying the Bible verses at the next board meeting and appeal the district court’s ruling to ensure her speech remains protected,” said Erin Smith, Associate Counsel for First Liberty Institute. 

LOOKOUT reported on how Rooks participated in a private webcast last year where she and other conservatives spread misinformation about LGBTQ+ students and discussed strategies to undermine inclusive education and end federal funding for social workers.

Rooks was also one of several figures identified in a LOOKOUT article last year that examined how religion has been used at Peoria Unified School District governing board meetings. The analysis found that religious language was used at least 47 times in board meetings over 2023 often to justify restricting LGBTQ+ rights. Many comments came from community members aligned with far-right groups, with some arguing that the board should uphold Christian beliefs in its decision-making.

In January 2023, Rooks quoted from the Book of Joshua in the Bible: “Have I not commanded you? Be strong and courageous. Do not be afraid; do not be discouraged, for the Lord your God will be with you wherever you go.” The following month, she quoted from the Book of Isaiah at the start of a meeting during board comments, a period when members can make statements often unrelated to the agenda.

Secular Communities for Arizona, an advocacy and lobbying group known as Secular AZ, sent a legal letter arguing that Rooks was violating federal and state law, as well as the board’s operating guidelines, which set decorum rules for meetings.

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A LOOKOUT analysis shows that in Peoria Unified School District, religion was quoted at least 47 times to justify anti-trans rules and regulations.

LOOKOUTJoseph Darius Jaafari (he/him)

The board referred the letter to its attorney, who advised that members should not use the board comments section to cite scripture, saying it violated the Establishment Clause. The attorney also stated that board members were not protected under the First Amendment in this context because they speak as elected officials, not private individuals.

Rooks received the attorney’s letter and sought clarification during a March meeting but continued citing scripture throughout the year, quoting passages from Proverbs, Hebrews, Corinthians and Ephesians.

By June, the Freedom From Religion Foundation sent a letter to the board urging it to censure Rooks or face litigation. The board’s attorney warned that if members continued citing scripture, the district would “incur significant legal expenses in defending itself against the lawsuit.”

Rooks’ attorneys argued in court that the legal warnings amounted to a threat that chilled her speech. She ultimately stopped citing scripture in July but later sued the district with the help of First Liberty Institute, a conservative law firm. The firm previously won a U.S. Supreme Court case defending a high school football coach’s right to pray with his team before games. It also won a case in Texas allowing government officials to refuse to perform same-sex marriages based on religious beliefs.

In her complaint, Rooks argued she was not doing anything unlawful and compared her comments to those of former Presidents Joe Biden and George Washington, who have quoted the Bible in speeches.

“After all, the current U.S. president, the first U.S. president, and an unbroken chain of U.S. officials in between have quoted scripture to solemnize official occasions or speeches, encourage their fellow citizens, and fortify themselves to carry out their official duties,” the lawsuit stated. “Rooks’ use of quotations from a sacred and historical text—the world’s best-selling book—to solemnize public occasions and fortify herself to perform her official duties fits comfortably within a longstanding, well-accepted tradition.”

Her lawsuit also claimed she was immune from litigation under legislative immunity and argued the district was unconstitutionally restricting her speech based on its content and viewpoint.

Rooks has used her position on the board to speak against what social conservatives call “gender ideology,” a term often used to suggest, without evidence, that LGBTQ+ people seek to influence children’s identities.

River Chunnui, a nonbinary teacher in Peoria, is currently suing Rooks for defamation, alleging she called them a child “groomer,” accused them of “sexualizing children” and publicized their home address.