Virginia Supreme Court will hear case of teacher who spoke against transgender policies

(The Center Square) – A civil lawsuit over the suspension of a Loudoun County public school teacher who spoke against the school board’s proposed transgender policies will be heard by the Virginia Supreme Court.

Tanner Cross, an elementary school teacher, was suspended within two days after he spoke in a public forum against two proposed policies regarding transgender students and stated that there are only two sexes, which are determined by biology. Cross said he would not follow a proposed policy to refer to a child’s preferred gender identity. Rather, he said he would refuse to affirm a biological boy could be a girl or that a biological girl could be a boy.

Cross was placed on administrative leave after five parents requested to remove their children from his classroom. Cross, who is being represented by Alliance Defending Freedom, said the suspension violated his First Amendment rights. The lawsuit stated that Cross cannot legally be suspended from a public school for voicing this position in a public forum.

The ADF lawyers requested injunctive relief to have him immediately reinstated while the case was being argued. Judge James Plowman granted Cross this relief and ordered him to be reinstated because he is likely to succeed on the merits of his case and failing to reinstate him would likely cause irreparable harm. The school division is appealing this decision to the state Supreme Court, which will rule on the issue.

Plowman ruled Cross’ right to free speech outweighs any disruption he may have caused to the school’s operations. In the school division’s appeal, its lawyers argued the right to free speech does not outweigh the students’ protection from discrimination.

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