Loudoun County School Teacher Reinstated After Twelfth Circuit Judge Agrees That Standing Up for God in Classroom Was His First Amendment Right

“I love all my students, but I will never lie to them regardless of the consequences,” – Tanner Cross s

FoxNews.com reports that

Byron “Tanner” Cross, a physical education teacher, has won an initial battle with the Loudoun County Public Schools (LCPS), which placed him on leave after a controversial speech denouncing a proposed policy regarding gender.

In a letter Tuesday, Twelfth Circuit Judge James E. Plowman ordered LCPS to restore Cross’ position as a physical education teacher at Leesburg Elementary School. The temporary injunction will allow Cross to maintain his job until Dec. 31, at which point the injunction will dissolve unless other orders are put in place.

Plowman argued that Cross was likely to succeed if his case was brought to trial, that the school district had adversely impacted his First Amendment rights, and that reinstating his job was within the “public interest.”

Cross sparked an uproar last month when he told LCPS’ school board that he wouldn’t “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.”

Just days after that speech, Cross was told in a letter not to come on the school’s premises. The letter vaguely stated the school district was investigating “allegations that you engaged in conduct that has had a disruptive impact on the operations” of his school.

Plowman’s letter rejected the school district’s argument that it was suspending Cross not due to his speech, but because of the disruption it created.

“[T]he Court has found … that the disruption relied upon was insufficient,” he wrote, adding that Cross’ speech and religious content were “central” to LCPS’ decision.

Plowman also argued that Cross’ “interest in expressing his First Amendment speech outweigh the Defendant’s interest in restricting the same and the level of disruption that Defendant asserts did not serve to meaningfully disrupt the operations or services of Leesburg Elementary School.”

LCPS declined to comment. Alliance Defending Freedom (ADF), a religious liberty firm representing Cross, praised the ruling.

“Nobody should be punished for expressing concern about a proposed government policy, especially when the government invites comment on that policy,” said ADF President and CEO Michael Farris.

“For that reason, we are pleased at the court’s decision to halt Loudoun County Public Schools’ retaliation against Tanner Cross while his lawsuit continues. Educators are just like everybody else — they have ideas and opinions that they should be free to express. Advocating for solutions they believe in should not cost them their jobs.”

Plowman similarly held that Cross’ comments constituted private and constitutionally protected speech.

Cross had referred to draft policy 8040, which required Loudoun staff to use preferred pronouns.

“LCPS 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, regardless of the name and gender recorded in the student’s permanent educational record,” it read.

“School staff shall, at the request of a student or parent/legal guardian, when using a name or pronoun to address the student, use the name and pronoun that correspond to their gender identity. The use of gender-neutral pronouns are appropriate. Inadvertent slips in the use of names or pronouns may occur; however, staff or students who intentionally and persistently refuse to respect a student’s gender identity by using the wrong name and gender pronoun are in violation of this policy.”

Another proposed policy, 8350, stated that LCPS staff “shall allow gender-expansive and transgender students to participate in such activities in a manner consistent with the student’s gender identity.”

Tuesday’s school board meeting exploded with parents and educators irate at the county for its actions towards Cross.

Many complained that LCPS was exceeding its authority and chilling speech. Some educators also spoke in support of Cross and his ideas.

With any liberal, as long as you believe what they believe, you’re one of the smartest people in the room. However, as soon as you cross them, and stand up for your own Christian Heritage of Faith, you are labeled a stupid “Christianist” and/or an “intolerant”, inbred hillbilly, as demonstrated by the Loudoun County School Board.

Additionally, after American voters in the majority of states got together to express their opposition to homosexual marriage through their right to vote, the Gay Mafia found a sympathetic (at the time) Supreme Court to rule that marriage is a “Civil Right”, instead of a Holy Sacrament…a bond between a man and a woman, ordained by God.

The problem that Christians and Conservatives alike face is the fact that being Pro-homosexual marriage is the “cool” thing to be now.

Even if it is at the expense of the First Amendment.

For several decades now, the Democratic Party, relying on Far Left Ideologues or their own opinion as their “highest authority”, have made a determined effort to eliminate the practice of American Christianity and the Traditional American Morality and Ethics which go with it from Everyday American Life, attempting to regulate Christians’ role in American Society as remaining unseen and unheard from, worshiping in private, on Sunday mornings, only.

Or, as Actor and Professional Wrestler Dwayne “The Rock” Johnson would say, Modern American Liberals want American Christians to

Sit down, shut up, and know your role!

Unfortunately for them, Former President Donald J. Trump reinforced our rights as Americans to our Faith with an Executive Order early in his Presidency.

The First Amendment to the Constitution still holds.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The spiritual battle raging between the influence of American Popular Culture and those seeking the Will of God in their lives, takes all the strength…and prayer, that Christians can muster.

Modern Liberals seem to have great difficulty comprehending the role which Our Creator, the God of Abraham, played and plays in this Grand Experiment, known as the United States of America.

Why are they so focused on removing America’s Christian Heritage?

Well, as is usually my wont, I have been doing some “reckoning” about this.

It seems to this ol’ Southern Boy, living here in the Heartland, that America’s Christian Heritage and the very real fact of His influence in building and shaping America’s growth into the greatest country on the face of God’s Green Earth, not only stifles and interferes with Modern Liberals’ “anything goes”, “share the wealth”, “hive-mind”, “man is his own god”, “boys can be girls and girls can be boys” Political Ideology, but the reality of God’s very existence, somewhere deep in their miserable, bitter psyches, scares the mess out of them.

Why else would they be trying so hard to fight against the influence of Someone Whom they really don’t believe in?

And, a second and final thought has occurred to me upon reviewing the situation of this brave school teacher who stood up for his faith.

Today’s Far Left Democratic Party are nothing but a bunch of fools.

For…

The fool says in his heart, “There is no God.” They are corrupt, they do abominable deeds; there is none who does good. – Psalms 14:1

Until He Comes,

KJ

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