Va. Supreme Court denies Loudoun County school board's appeal on teacher's suspension
RICHMOND, Va. (7News) — The Virginia Supreme Court ruled Monday that the Loudoun County school board failed to make its case that a lower court had abused its discretion when it granted a temporary injunction against the suspension of a teacher.
Leesburg Elementary School teacher Tanner Cross was placed on administrative leave after he refused to call transgender students by their preferred names and pronouns and then spoke out against LCPS's proposed gender policy in a public meeting.
Judge: Leesburg teacher who spoke out against gender policy can return to work
“I love all of my students, but I would never lie to them regardless of the consequences," Cross said during a Loudoun County school board meeting on May 25. "I’m a teacher, but I serve God first and I will not affirm a biological boy can be a girl and vice versa because it’s against my religion, it’s lying to a child, it’s abuse to a child, and it’s sinning against our God.”
Loudoun appeals reinstatement of teacher who called using preferred pronouns 'abuse'
Cross was referring to policy 8040, which detailed in part that "LCPS staff shall allow gender-expansive or transgender students to use their chosen name and gender pronouns that reflect their gender identity."
On August 11, the school board passed the transgender student policy.
'This is the right thing to do:' Loudoun school board passes transgender student policy
Just days after the meeting, the school district suspended him, saying he "engaged in conduct that has had a disruptive impact on the operations of Leesburg Elementary School."
Cross's lawyers then filed suit against the school district, claiming LCPS violated his right to free speech when they disciplined him after his comments before the school board.
Cross won a temporary injunction and a judge ordered his reinstatement.
Loudoun appeals reinstatement of teacher who called using preferred pronouns 'abuse'
LCPS appealed that decision to the Commonwealths's Supreme Court and released this statement:
"LCPS respectfully disagrees with the Circuit Court’s decision to issue the injunction, and it is appealing this ruling to the Supreme Court of Virginia," the LCPS statement says. "Leesburg Elementary School and Loudoun County Public Schools experienced – and continue to experience – significant disruption since the May 25 School Board meeting during which Cross addressed the board. Many students and parents at Leesburg Elementary have expressed fear, hurt and disappointment about coming to school. Addressing those concerns is paramount to the school division’s goal to provide a safe, welcoming, and affirming learning environment for all students. While LCPS respects the rights of public-school employees to free speech and free exercise of religion, those rights do not outweigh the rights of students to be educated in a supportive and nurturing environment."
Asked by 7News for a comment on Monday’s ruling denying their appeal, LCPS said, "Thank you for reaching out, but we will have no comment."
