Virginia courts overturn suspension of teacher over pronoun use

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A Virginia judge said Tuesday that a Loudoun County teacher suspended for refusing to address transgender students with their preferred names and pronouns should return to work immediately.

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In a seven-page ruling, 20th Circuit Judge James E. Plowman Jr. sharply rebuked the Loudoun County Public Schools system for its treatment of the teacher, Tanner Cross. Plowman called Loudoun’s attempts to discipline Cross “an unconstitutional action … which has silenced others from speaking publicly on the issue.”

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On June 1, Cross sued the school system’s top administrators, alleging their actions violated his rights to free speech and the free exercise of religion. He requested a preliminary injunction forcing his reinstatement and ending his banishment from school grounds and school board meetings.

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In his Tuesday ruling, Judge Plowman ordered that Loudoun County Public Schools “immediately reinstate” Cross and rescind its ban barring him from school grounds while Cross’s lawsuit goes forward.

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Cris Candice Tuck, a transgender parent in Loudoun, said he and his children — who are taking Cross’s physical education class this year — are heartbroken. He fears the ruling will encourage “hateful rhetoric” throughout the county.

Tuck said his 6-year-old son has long looked up to Cross as a role model. The boy has a difficult time in school, and PE is his outlet. “My kids know I’m transgender, and many of our friends are transgender,” Tuck said. “They know what the effects of things like misgendering and dead-naming can be.”

“They’re really upset today,” he added. “They don’t want to be in PE on Thursday.”

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Cross was speaking against a draft proposal being circulated by Loudoun officials that would require teachers to use transgender students’ preferred pronouns and names. In the speech, he also referenced a recent “60 Minutes” segment on transgender health care that included an interview with a child who began transitioning but came to regret the process.

Officials with the Northern Virginia school system placed Cross on paid administrative leave starting May 27, and forbade him from setting foot on Loudoun school grounds and from speaking at school board meetings.

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