State Supreme Court Upholds Ruling to Reinstate Loudoun Teacher Opposed to Transgender Policy

The Virginia Supreme Court upheld a Circuit Court judge’s decision to reinstate Byron “Tanner” Cross to his teaching position, from which he was placed on administrative leave after speaking out against protections for transgender students.

Cross was placed on paid administrative leave after his public comment during the May 25 School Board meeting drew objections from parents of Leesburg Elementary School, where Cross is a P.E. teacher. Policy 8040 protects the rights of transgender and gender expansive students, and was adopted by the School Board on Aug. 11.

“I love all my students, but I will never lie to them regardless of the consequences,” Cross told the School Board. “I’m a teacher, but I serve God first and I will not affirm that a biological boy can be a girl, and vice versa, because it is against my religion, it’s lying to a child, it’s abuse to a child, and it is sinning against our God.”

Cross, represented by the Alliance for Defending Freedom, sued for his reinstatement. Judge James E. Plowman granted Cross an emergency injunction to return to his teaching position, arguing that Cross was exercising his right to free speech. In the appeal, the district argued that Plowman’s ruling overlooked schools’ responsibilities to provide safe environments for students. 

In a 14-page ruling, a three justice panel of the Supreme Court found that the school district did not provide evidence that “parents and students would avoid interacting with Cross to the point he could not fulfill his duties.” The ruling also states that LCPS did not “specify how Cross’ continuing to teach at Leesburg Elementary might pose a real and present threat that he or the Loudoun County Public Schools will contravene any anti-discrimination policy or law.”

“The lower court’s decision was a well-reasoned application of the facts to clearly established law, as the Virginia Supreme Court found,” Tyson Langhofer, Cross’ attorney, stated. 

Cross was recently joined by two other Loudoun teachers opposed to Policy 8040, and ADF filed a motion for an emergency injunction, so that teachers would not be required to enforce the policy.

Controversy surrounding Policy 8040 drew national media attention to Loudoun County. Virginia state law requires that all school districts adopt such protections for transgender students by the start of the 2021-2022 school year, or accept liability for any incidents involving harassment or abuse of transgender students. 

A two-day trial for the Circuit Court case is scheduled to start Sept. 7.

7 thoughts on “State Supreme Court Upholds Ruling to Reinstate Loudoun Teacher Opposed to Transgender Policy

  • 2021-08-31 at 8:53 am

    And how much of our tax money was wasted by these idiots on the school board in their futile attempt to support another moronic liberal cause with a case everyone but them knew they would lose? Can we now wake up and realize how bad these people are and recall them before they do any more damage to our children?

    • 2021-08-31 at 11:02 am

      Indeed. The superintendent and the extreme fringe school board should be forced to personally reimburse the county treasury for all legal fees incurred in this case. Lightening ones wallet always tempers rash decisions. Pay up or resign tax thieves.

  • 2021-08-31 at 10:41 am

    If a female is hurt because of the trans gender malarkey then the School Board members who voted for the policy should be liable not the taxpayer. Any back pay for no work should be paid for out of personal money from the School Board. A stop is needed when they use our tax dollars to fight us!

  • 2021-08-31 at 4:43 pm

    Common Sense scores a rare victory in Loudoun County!!!!

    Ziegler and the radical school board members should pay for court costs out of their own pockets.


  • 2021-08-31 at 9:57 pm

    Wake up Loudouners! It’s time to STOP PAYING PROPERTY TAXES until the school board learns who they work for!

  • 2021-09-01 at 1:00 pm

    Please, stop paying your taxes! You will then get evicted and hopefully more forward thinking people will move in.

  • 2021-09-05 at 2:31 pm

    Children’s neurons are not fully developed until their early 20s. Why in the world would anyone want to expose a child to gender change? Of course elementary, middle and high school students are forever vulnerable to suggestions especially from their peers. They are going to want to do things that suddenly are controversial. Do they teach Erickson, Piaget? Developmental stages? Teachers are provided the tools and education to educate certain age groups of children. Please wake up teachers!!! Parents, please be parents. Parents, your child who wants a gender change needs to wait until they are over 20. This decision is theirs to make as an adult when they have reached their developmental mile stones. Transgenderism has psychosocial components that should be addressed. Was the child traumatized? If so, that needs to be addressed. Give them an opportunity to grow and be children. Parents, if your child wanted to drive a vehicle under the age of 15 would you let them? There are reasons for laws that protect them. But there shouldn’t have to be a law for you as parents to stop this foolishness. The reason there is a law for statutory rape is because teenagers can be talked into almost anything. They can be cohersed and manipulated because their NEURONS are not developed. The county school board members should stand with parents and teachers to get this stopped.

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