Tanner Cross. (Photo via Washington Blade)
A Virginia judge reinstated June 8 a Loudoun County teacher who was suspended after he spoke against transgender students.
Circuit Judge James E. Plowman, Jr.’s ruling is in response to a lawsuit the anti-LGBTQ Alliance Defending Freedom had filed on behalf of Tanner Cross, a physical education teacher at Leesburg Elementary School, in defense of his refusal to refer to students using their preferred pronouns in response to a Virginia Department of Education directive to school districts to make their policies more trans-friendly.
“There was no dispute by the parties as to the broad authority of Circuit Courts to issue injunctive relief to the plaintiff,” reads part of Plowman’s 7-page ruling. “Whether the plaintiff’s speech at the school board meeting was protected is determined by applying the standards set forth in Pickering v. Board of Education …”
Pickering v. Board of Education is a 1968 U.S. Supreme Court ruling in favor of a teacher that stated they have the right to provide commentary on issues of public importance without being dismissed from their position.
Plowman further mentions, “… it is clear the plaintiff was speaking as a citizen, not in his official capacity. His speech was not conducted at his usual place of employment, occurred during non-working hours, and at a forum where public comment was invited.”
Cross, as part of his suspension, was instructed to go on leave and was not allowed in all Loudoun County Public Schools buildings and grounds.
