Loudoun County Public Schools to appeal Cross Decision

On July 11, Loudoun County Public Schools announced it will file an appeal of a June 8 decision in Loudoun County Circuit Court regarding the reinstatement of Leesburg Elementary physical education teacher Byron Tanner Cross. Judge James E. Plowman’s decision here.

The statement read: “LCPS respectfully disagrees with the Circuit Court’s decision to issue the injunction, and it is appealing this ruling to the Supreme Court of Virginia. Leesburg Elementary School and Loudoun County Public Schools experienced – and continue to experience – significant disruption since the May 25 School Board meeting during which Cross addressed the board.

“Many students and parents at Leesburg Elementary have expressed fear, hurt, and disappointment about coming to school. Addressing those concerns is paramount to the school division’s goal to provide a safe, welcoming, and affirming learning environment for all students.

“While LCPS respects the rights of public-school employees to free speech and free exercise of religion, those rights do not outweigh the rights of students to be educated in a supportive and nurturing environment.”

The Loudoun County Public Schools system had put Cross on administrative leave after he addressed the School Board at a May 25 public hearing, stating that he opposed a draft policy on the rights of transgender and gender-expansive students, including use of their preferred pronouns.

“I’m a teacher, but I serve God first,” Cross said. “I will not affirm that a biological boy can be a girl and vice versa, because it’s against my religion … It’s abuse to a child and it’s sinning against our God.”

Cross said that he was speaking out “for those who suffer from gender dysphoria” and gave an example – cited on a news program – of 30 young people who transitioned but are now de-transitioning. “It is not my intention to hurt anyone … but we condemn policies like 8040 and 8045 … I love all my students, but I will never lie to them, regardless of the consequences.”

Represented by the Alliance Defending Freedom, a Christian nonprofit, Cross sued Loudoun County Public Schools for violating his constitutional rights to freedom of religion and speech.

Lawyers for the school system said Cross was placed on paid administrative leave because his comments at the public hearing had been disruptive and caused parents’ complaints. LCPS affirmed Cross was not being disciplined for the content of his remarks.