Two Loudoun Teachers Approved to Join Transgender Policy Lawsuit

Two more teachers will be allowed to join Leesburg Elementary School P.E. teacher Byron Cross’s lawsuit against the school system’s protections for transgender students following a hearing Thursday, Sept. 2.

The case’s trial date has also been pushed back, with a new date not yet set.

The Alliance Defending Freedom filed an amended complaint seeking to add Monica Gill, a history teacher at Loudoun County High School, and Kim Wright, a Smart’s Mill Middle School English teacher to the lawsuit.

The Loudoun County School Board’s attorney Stacy Haney argued against that in a hearing Thursday afternoon, contending as she has previously that the complaint is not likely to survive a forthcoming demurrer seeking to have it thrown out. Haney argued that the government’s compelling interest to protect children—citing much higher suicide statistics among transgender students whose gender identify is not affirmed—outweighs the teacher’s interest in being able to call them by whichever gender the teacher perceives them to be. She also argued teachers’ freedom of speech must be assessed differently in the classroom, pointing to previous case law, compared to in public.

“What is at issue is how a teacher refers to their student, and that is very different from commenting on gender identity generally,” Haney said.

However attorneys Tyson Langhoffer and Ryan Bangert of the Alliance Defending Freedom maintained that the policy, which was mandated by a state law, forces those teachers to say things that go against their conscience and sincerely-held religious beliefs, and that their rights to freedom of speech and religion are violated by the school policy.

Circuit Court Judge Jim Plowman decided that the new plaintiffs would be allowed to join the case, and agreed with a request from the attorneys on both sides that the trial date be pushed back from Sept. 7-8. He did not agree to grant emergency injunctions for Gill and Wright akin to the injunction protecting Cross, who had been put on leave after his comments opposing the policy at a School Board meeting and subsequent outcry from Leesburg Elementary School parents. He had previously agreed to an injunction reinstating Cross. Neither Gill or Wright has been put on leave.

The conversation in the old Loudoun County courthouse was a wandering one at times, with Plowman and attorneys discussing the grammatical correctness of the singular “they,” whether a teacher could avoid using pronouns entirely in the classroom, and whether a teacher of a Romance language—languages that evolved from Latin such as French and Spanish, and which assign a gender to most or all nouns—could avoid doing so. 

13 thoughts on “Two Loudoun Teachers Approved to Join Transgender Policy Lawsuit

  • 2021-09-02 at 5:16 pm

    I heard both of these ladies speak at a Loudoun County School Board meeting. They’re very articulate. I don’t doubt their sincerity. The law may be on their side. But public opinion appears to be moving in the direction of support for Trans students. I just hope both sides resolve this conflict in a manner that’s sensitive to everyone. We don’t need a cause celebre in Loudoun County. We need all hands on deck to help ensure every student in the division receives a quality education.

  • 2021-09-02 at 9:54 pm

    Three teachers making teachers’ salaries have been recruited by the Alliance Defending Freedom to fight for the right to hurt vulnerable transgender children. Recruited by ADF lawyers making lawyers’ salaries’ and living in $750 million homes in Loudoun County.
    The Alliance Defending freedom is most certainly a hate group. Even without the SPLC description, one only needs to look at their stated purpose, the lawsuits they’ve filed, and the laws that they have pushed to see that. Remember the bathroom laws? Look at the ADF. The attacks on transgender athletes? The lawsuits defending business discrimination against LGBT people? Them.
    The ADF has argued against letting transgender people change the gender on their legal documents. How does this infringe on other religious rights? And, they have argued for mass sterilizations in Europe and Africa. Mass sterilizations of LGBT people? Nice. Great organization there.
    I don’t know if any transgender kids go to Leesburg Elementary. But I am absolutely certain that trans kids attend Smart’s Mill Middle School and Loudoun County High School. Kids – allow these people to mis-gender you and bully you. Make sure that there are witnesses. And then, sue them. Not the ADF or the county – sue these teachers as individuals and file criminal complaints against them.

    • 2021-09-03 at 10:52 am

      Sterilizations? The ones being sterilized are young, vulnerable girls who are being talked into taking hormone disrupters before they’ve finished puberty that will leave them sterile and unable to have children later in their 20s when they’re done pretending to be boys and desperately want to live a normal life but can’t. Becoming “transgender” is the new way for troubled middle and high schoolers to fit in, get attention, and/or rebel against their parents. In the 80s girls used cutting, anorexia and bulimia to work through their issues. The fact that we are allowing teachers and administrators to fuel these fantasies is appalling. These kids just need friends, boundaries, and time to mature and accept themselves. We used to call it “growing up.”

  • 2021-09-03 at 11:39 am

    These groups that describe themselves as “religious” and say they’re all about freedom seem to be eager as heck to tell everyone else what they have to do even as they show very little understanding of the basic tenets of most major religions (compassion toward others).

  • 2021-09-03 at 10:18 pm

    Kudos to these highly intelligent, gracious, and gutsy teachers of LCPS. If they are dismissed, yet more attrition of 5-star teachers from our county… Who are the victims? OUR STUDENTS—I feel so sorry for our kids. (I love them so much.) We are already lagging behind education systems of other countries who are drilling facts, figure, and fierce curriculum into young minds (3-year-old mathematicians). And here we are being thrown into yet another quagmire of stunted learning growth by CRT gang (LCPS, LCSB, and Richmond). I know all about that because I am also a victim of a teach-thy-not-the-child-knowledge state school system. (I won’t mention names.) Pray, pray, and pray to the LORD of LCPS, Jesus Christ, for these three stalwart, academic warriors–and our young scholars!

  • 2021-09-06 at 5:12 pm

    You absolutely nailed it, Leesburg Mom. Unfortunately, one component of the new policy is that teachers, (who have no say in this matter) may not inform parents of name and gender changes as they become aware of them. This supersedes my authority as a parent over my child, and raises questions about what else the school may decide is not in my purview. To rely on the child to state that his or her parents don’t support the decision with verifiable concern is akin to a kid failing a quiz and stating that his or her parents are “going to kill me.” No one calls CPS over that, so why is LCPS protecting one microscopic minority? The suicide narrative is real, which substantiates that these young boys and girls need more therapy and less parental override from the schools.

  • 2021-09-06 at 5:52 pm

    So we have three teachers in Loudoun (well, four, but the fourth at least had the integrity to recognize her bigotry and resign) who … put students second. In the name of some twisted version of Christianity? What’s next, a maddrassa?

    Keep in mind that all of this is theoretical. I do hope some student calls their bluff, they behave as they threaten to, and are fired for cause (violating school policy.). And THAT will stand.

    • 2021-09-07 at 9:05 am

      And there you have it…

      The weaponization of children.

      I want to thank you for admitting that the Left won’t hesitate for even a moment using anyone and anything to advance their insane political agenda.

      • 2021-09-13 at 12:29 pm

        The weaponization of children?

        No, try the radicalization of teachers.

        I mean, seriously, how DARE they declare they will both violate school (state policy, actually) AND disrespect the wishes of children in the process? So, yes, if they actually follow through on their threats to behave in this manner, get rid of these teachers posthaste.

        • 2021-09-13 at 1:35 pm

          They’re your words, not mine.
          And they most-certainly convey a wish for a child to push the Left’s “Issue du jour.”

          You’re not going to walk this one back. No, no, no. Sorry. But you wrote what you wrote.

        • 2021-09-13 at 3:06 pm

          “Disrespect the wishes of children”??????

          I guess we know who runs your household!

          “Daddy, I want a goose that lays golden eggs. And I want it now!!”

          Children who demand to be called certain pronouns need a reality check. And they definitely need to have their I-phones taken away.

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