A teacher that was suspended for misgendering a transgender student has been reinstated at the same school.
Per WTOP News, Byron 'Tanner' Cross, who teaches gym class at Leesburg Elementary School in Loudoun County in Virginia, claimed his religious beliefs prevented him from referring to a trans pupil by their expressed pronouns.
This directly contradicted LCPS draft policy 8040, which states: "Staff shall allow gender-expansive or transgender students to use their chosen name and gender pronouns that reflect their gender identity without any substantiating evidence."
Yet Fox News reports that Twelfth Circuit Judge James E. Plowman has now overturned the school's decision, ruling that Cross should be allowed to exercise his right to free speech.
Per Fox News, Judge Plowman wrote: "The Court has found...that the disruption relied upon was insufficient.
"Balancing all of the factors and weighing the facts presented, the Plaintiff's interest in expressing his First Amendment speech outweigh the defendant's interest in restricting the same."
Plowman argued that Cross was likely to win on these grounds if the case was brought to trial, and ordered LCPS to restore Cross' position, with a temporary injunction allowing him to keep his job until December 31.
Per Daily Mail, Cross commented on the ruling in a later interview, stating: "We're so happy. There were lots of tears, lots of hugs - we're just happy we were reinstated and I look forward to going back to serving Leesburg Elementary."
Cross had cited his religious beliefs and a 60 Minutes episode about young people who had chosen to "de-transition" when justifying his decision to misgender the child in a school board meeting held on Tuesday, May 25.
Per WTOP, Cross stated: "I am speaking out of love for those who are suffering from gender dysphoria.
"I'm a teacher but I serve God first and I will not affirm that a biological boy can be a girl and vice versa because it's against my religion. It's lying to a child, it's abuse to a child, and it's sinning against our God."
Following the meeting, Principal Shawn Lacey confirmed in an email to staff and parents that Cross had been placed on leave with pay, writing:
"I'm contacting you to let you know that one of our physical education teachers, Tanner Cross, is on leave beginning this morning. In his absence, his duties will be covered by substitute staff already working in our building."
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