Court Upholds Teacher's Beliefs Against Virginia School’s Transgender Policy

Christian teacher Byron "Tanner" Cross
Christian teacher Byron "Tanner" Cross |

A court from Virginia upheld a Christian teacher's beliefs against the transgender policy of their county.

The Daily Wire said the teacher, Tanner Cross, was suspended for opposing the Loudoun County's transgender policy but Virginia Judge James Plowman ruled against it. A permanent injunction was granted by Plowman to protect Cross' right to free speech.

Cross, a Leesburg Elementary School Physical Education teacher, was suspended after he spoke in the county school board meeting against a transgender policy, Policy 8040, being proposed at that time.

The Washington Free Beacon explained that Cross emphasized during the board meeting that the use of pronouns for individuals contrary to their actual biological sex is against his faith. Loudoun County Public Schools (LCPS) suspended him afterwards alleging that he caused a "disruption" pointing to several complaints made by parents against him. Cross then filed the lawsuit against LCPS for his suspension.

"As I said in the school board meeting in June, 'I can not lie to a child and that is what your policy asks me to do...to say something untrue and harmful to my students'," Cross said during the press conference after the ruling was given.

However, the ruling made by Plowman stressed that the LCPS' suspension is but a violation of Cross' rights of free speech and religion. The ruling allows Cross to return to the classroom to teach again.

"The public's knowledge that (Cross's) speech was permissible, is encouraged, and is free from governmental oppression serves the public interest. Governmental bodies being held in check for violating a citizen's constitutional rights serves the public interest," Plowman said.

Alliance Defending Freedom (ADF), who represents Cross in court, affirmed Plowman's decision pointing to the irony that Cross spoke in a meeting inviting commentary but was instead canceled for speaking out.

"Nobody should be punished for expressing concern about a proposed government policy, especially when the government invites comment on that policy. For that reason, we are pleased at the court's decision to halt Loudoun County Public Schools' retaliation against Tanner Cross while his lawsuit continues," ADF President Michael Farris said in an interview with The Washington Free Beacon.

"Educators are just like everybody else-they have ideas and opinions that they should be free to express. Advocating for solutions they believe in should not cost them their jobs," Farris added.

ADF lawyer Tyson Langhofer raised the danger of forcing teachers to teach something they don't believe in. He said the lawsuit will continue despite the ruling blocking Cross's suspension.

"Teachers shouldn't be forced to promote ideologies that are harmful to their students and that they believe are false, and they certainly shouldn't be silenced from commenting at public meetings. While we are very pleased that Tanner will be able to keep serving his students in light of this settlement, the concerns expressed in our ongoing lawsuit challenging the district's policy remain," Langhofer said.

Plowman set June 16 as a deadline for both parties to the lawsuit "to schedule a trial on the merits." He noted that Cross would most likely pursue his First Amendment rights complaint against them. He also gave December as the end of the permanent injunction's effectivity. As such, Cross' lawyers announced that this is not the end of their legal battle as they will appeal for a more permanent injunction.

In celebrating the ruling, parents from all over the county are said to hold a rally in the weekend at Leesburg. The rally is an expression of the parents' opposition to the school district's increasing push for wokeness and transgenderism.