MARSHALL — The Eighth Circuit Court of Appeals has ruled that former Marshall Middle School Principal Mary Kay Thomas was acting as a public employee, not a private citizen, when she used school resources to promote LGBTQ+ inclusivity.
The unanimous decision, issued Aug. 26, rejected Thomas’ First Amendment retaliation claims stemming from her reassignment to a special projects coordinator role and a one-week unpaid suspension. An investigation had found her actions created a divided and negative work environment for staff.
The court noted that public employees cannot bring free-speech retaliation claims when the speech in question is tied to their official duties. Judges cited Thomas’ use of school funds to purchase a Pride flag, directing custodians to arrange inclusivity displays, distributing ally stickers, and rejecting requests for alternative flags as evidence that her actions were work-related.
The panel distinguished the case from a 2022 Supreme Court ruling involving a coach’s private, post-game prayers, finding Thomas’ conduct was clearly within her role as principal.
Thomas also argued that her outreach to community members was private speech, but the court said she failed to prove those efforts influenced the district’s decision-making. Concerns about staff morale and a hostile work environment were sufficient grounds for the school’s actions, the ruling said.
With her constitutional claims dismissed, the court also upheld a lower court’s decision not to pursue her related claims under the Minnesota Human Rights Act.
The case is Thomas v. Marshall Public Schools, No. 24-03176.
