Loudoun County Public Schools (LCPS) in Virginia said Friday it intends to appeal a federal judge’s ruling that the district reinstates Tanner Cross, the physical education teacher who was suspended after making controversial comments about gender.
In a statement, the LCPS said it would bring the matter to the state Supreme Court.
“LCPS respectfully disagrees with the Circuit Court’s decision to issue the injunction, and it is appealing this decision to the Supreme Court of Virginia,” the statement said.
“Leesburg Elementary School and Loudoun County Public Schools have experienced – and continue to experience ̵
VIRGINIA ELEMENTARY SCHOOL TEACHER SUSPENDED TO OPPOSITE GENDER POLICY TO BE REINSTALLED, JUDGE RULES
The LCPS declined to comment further, but in its statement some of the arguments were put forward by Twelfth Circuit Judge James E. Plowman, who not only questioned the allegations of disruption but argued Cross’s constitutional rights outweigh the school’s concerns.
He said that Cross’ “interest in expressing its first amendment speech outweighs defendant’s interest in limiting the same, and the level of disruption which defendant claims did not serve to meaningfully disrupt Leesburg Elementary Schools operations or services.”
Alliance Defending Freedom, which represents Cross, was convinced it would succeed.
“Judge Ploughman’s opinion ordering Tanner’s reinstatement was a well-founded application of these facts to clearly established law,” said Tyson Langhofer, sr. Adviser and Director of the Center for Academic Freedom with Alliance Defending Freedom. “We are convinced that if the Supreme Court of Virginia hears the appeal, it will confirm the decision of the Circuit Court.”
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Cross sparked an uprising last month when he told the LCPS school board that he would not “confirm that a biological boy can be a girl and vice versa because it is against my religion. It lies to a child it is abuse of a child, and it sins against our God. “
He had specifically referred to the draft policy 8040, which required Loudoun staff to use preferred pronouns.
“LCPS staff must allow gender-expansive or transgender students to use their chosen name and gender pronoun that reflects their gender identity without any supporting evidence, regardless of the name and gender recorded in the student’s permanent education journal,” it reads.
“School staff must, at the request of a pupil or parent / guardian, when using a name or pronoun to speak to the pupil, use the name and pronoun corresponding to their gender identity. Use of gender-neutral pronouns is appropriate. Unintentional slippage in use of names or pronouns may occur; staff or students who willfully and persistently refuse to respect a student’s gender identity by using the wrong name and gender pronoun are in violation of this policy. “
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Tuesday’s school board meeting exploded with parents and teachers annoyed in the county for its actions against Cross.
Many complained that the LCPS exceeded its authority and cool speech. Some educators also spoke in support of Cross and his ideas, while others supported the county’s position.