Judge rejects religious freedom argument, rules school was justified in forcing out Christian teacher who refused to use students' transgender pronouns



A federal judge in Indianapolis this week rejected an argument based on a Christian teacher's religious liberty rights by ruling that a school was justified in forcing him to comply with the school's transgender-affirming agenda or else resign.

What happened?

Judge Jane Magnus-Stinson of the U.S. District Court for the Southern District of Indiana sided against 30-year-old John Kluge, a former orchestra teacher who claimed that in 2018 he was discriminated against by being forced to resign for refusing to refer to students by their preferred gender pronouns.

In a ruling issued on Monday, Magnus-Stinson concluded that Brownsburg Community School Corporation could not accommodate Kluge's "religious beliefs without sustaining undue hardship," and so it was justified in overriding his constitutional freedoms.

In support of her decision, the judge argued that Kluge's "religious opposition to transgenderism is directly at odds with [the district's] policy of respect for transgender students, which is grounded in supporting and affirming those students."

She added that a public school "has an obligation to meet the needs of all of its students, not just a majority of students or the students that were unaware of or unbothered by Mr. Kluge's practice of using last names only."

Federal judge rules against former Brownsburg teacher youtu.be

What's the background?

Kluge taught orchestra at the school from 2014 to 2018, when he resigned over the transgender-affirming policies, WISH-TV reported.

According to court filings, the controversy began at the end of the 2016-2017 school year, when faculty at the school heard a presentation on "what it means to be transgender and how teachers can encourage and support transgender students."

Soon after, the school adopted policies to promote transgenderism, one of which was the requirement that faculty and staff refer to transgender students by their preferred pronouns.

But Kluge indicated to school administrators that due to his religious beliefs he would not be able to comply with the new policy.

Teacher says he was fired over transgender name policy youtu.be

In the court filing, Magnus-Stinson noted that Kluge is a Christian who believes that "God created mankind as either male or female, that this gender is fixed in each person from the moment of conception, and that it cannot be changed, regardless of an individual's feelings or desires."

Eventually, Kluge and the school came to a compromise that allowed the teacher to use only students' last names. However, as time went on and after some students allegedly complained, the school reconsidered the compromise.

In March, the school gave Kluge an ultimatum: Fully comply with the name policy and keep working for the district, resign, or be terminated.

Why does it matter?

The ruling is a major blow to the religious liberty rights of conservative Americans who are increasingly being caught up in the nationwide push to accept and promote transgenderism.

As more and more public schools across the country consider adopting policies to accommodate transgender students, religious teachers are being forced to decide how far they should take their opposition. And schools, in many cases, are taking sides.

A similar scenario is currently playing out in Loudoun County, Virginia, where a Christian elementary teacher was suspended after declaring at a school board that he would not "lie" to his students and "defile" God by affirming that "a biological boy can be a girl and vice versa."

Virginia school district determined to punish Christian teacher who spoke out against transgender-affirming policies, vows to take case to state Supreme Court



A Virginia school district is determined to punish a Christian physical education teacher who dared to speak out in opposition to the school's new transgender-affirming policies.

Last month, in response to a judge's order reinstating the teacher, Tanner Cross, Loudoun County Public Schools filed an appeal to that decision and vowed to take the case to the Virginia Supreme Court, WUSA-TV reported.

The controversy began in May, when Cross, a teacher at Leesburg Elementary, defiantly but respectfully declared during a school board meeting that he would not "lie" to his students and "defile" God by affirming that "a biological boy can be a girl and vice versa."

Cross's declaration came in response to two new policies set forth by the school district that required all staff to use a student's preferred gender pronouns and permitted transgender students to participate in activities based on their gender identity, rather than their biological sex.

In the speech, Cross made it clear that he loves all of his students but that he "serves God first," and to mislead students about their gender identity would be "against [his] religion."

"It's lying to a child, it's abuse to a child, and it's sinning against our God," he explained.

In response, the school district placed him on administrative leave for engaging in "disruptive" conduct. As part of the suspension, Cross was reportedly barred from school grounds and prohibited from attending any school district events.

But Cross, believing that his constitutional rights to free speech and free exercise of religion had been trampled, fought back with a legal challenge and won. In June, a Virginia judge reinstated Cross, calling the school district's decision to suspend him as "unnecessary and vindictive."

Only days later, however, the school district dug its heels in and filed an appeal, seeking to keep Cross suspended.

"Many students and parents at Leesburg Elementary have expressed fear, hurt, and disappointment about coming to school," the district said in a statement. "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 story, which has now become a back-and-forth saga, has garnered national attention. But the primary toll is laid on the local community.

Fox News reported that during a fiery June 22 board meeting, "numerous residents spoke out in defense of Cross during the public comment portion and urged district officials to stop fighting him in court – calling it a waste of taxpayer money and arguing that their effort is doomed to fail."

Cross is being represented by the religious liberty law firm, Alliance Defending Freedom, in the case.

Tanner Cross and Tyson Langhofer on Fox News' 'America Reports' www.youtube.com

Judge reinstates Christian teacher suspended for opposing transgender policies, calling the school district's actions 'unnecessary and vindictive'



A Virginia judge has reinstated a Christian elementary school teacher who was suspended by his school district after voicing opposition to the district's new transgender-affirming policies.

What are the details?

In a decision issued Tuesday, Judge James E. Plowman Jr. granted Tanner Cross a temporary injunction and ordered that he be immediately reinstated by Loudoun County Public Schools, according to the Alliance Defending Freedom, the legal firm representing the teacher.

In the ruling, Plowman called the district's suspension of Cross "unnecessary and vindictive."

Cross, a physical education teacher at Leesburg Elementary School, filed a lawsuit against the district last week after he was placed on administrative leave and barred from school property following a speech he gave at a school board meeting.

During the speech, Cross cited his Christian faith in declaring he refused to "lie" to his students and "defile" God by affirming that "a biological boy can be a girl and vice versa," as would be required by a pair of new "gender-expansive" district rules.

The policies require all district staff to use a student's preferred gender pronouns and permitted transgender students to participate in activities consistent with their gender identity, rather than their biological sex.

In a tweet following the court ruling, ADF called the news "massive victory for free speech."

BREAKING: Tanner Cross, a Virginia elementary school teacher and ADF client who was suspended for raising concerns… https://t.co/Vj24sv211n

— Alliance Defending Freedom (@AllianceDefends) 1623164477.0

ADF founder and CEO Michael Farris added in a statement: "Nobody should be punished for expressing concern about a proposed government policy, especially when the government invites comment on that policy. 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."

What else?

The district had argued that it wasn't Cross' speech that led to his suspension; rather, it was the fact that his speech supposedly caused a disruption at the school.

But upon investigating the matter, the court found minimal evidence to back up the district's claim, noting that just six parents called into the district airing grievances.

Besides, the court ruled, Cross' speech was constitutionally protected because he was "speaking as a citizen, not in his official capacity" and "during non-working hours" at "a forum where public comment was invited."

"It is further apparent that the subject matter upon which the Plaintiff spoke can only be described as a 'matter of public concern,'" Plowman wrote.

Here's more on the case:

Fox News Special Report - Mike Emanuel Reports on Tanner Cross www.youtube.com

Christian teacher sues school district after being suspended, barred from property for refusing to 'lie' to students about their biological sex



A Christian physical education teacher is fighting back after his Virginia school district suspended him for voicing opposition to newly implemented transgender-affirming policies that he said violated his religious beliefs.

Tanner Cross, who teaches at Leesburg Elementary School, was placed on administrative leave by Loudon County Public Schools last week after he declared in a speech before the school board that he would not "defile" God and "lie" to his students by affirming that "a biological boy can be a girl and vice versa.

During the speech, Cross calmly and respectfully explained that it would be a violation of his religious beliefs for him to abide by the new reforms — which require staff to use a student's preferred gender pronouns and allows transgender students to participate in activities consistent with their gender identity rather than their biological sex.

"It's lying to a child, it's abuse to a child, and it's sinning against our God," he said.

Shortly after he delivered the speech, Cross was informed by the district that he had been placed on administrative leave "pending an investigation of allegations that [he] engaged in conduct that had a disruptive impact on the operations of Leesburg Elementary School."

As a part of the suspension, Cross was restricted from accessing the buildings and grounds of Loudon County Public Schools property and barred from attending any district-sponsored activities or events.

On Tuesday, Cross filed a lawsuit against the district in response to their actions, according to Alliance Defending Freedom, the law firm representing him in the case.

ADF reported that it sent a letter to the district on Friday "explaining that placing Tanner on leave and barring him from campus because of his constitutionally protected speech constituted illegal retaliation." The firm requested that Tanner be reinstated and warned the district that future retaliation would elicit legal action.

But in response, the district said it stood by its decision to suspend Tanner and would not reinstate him prior to completion of the investigation, prompting the lawsuit to be brought.

"Public schools have no business compelling teachers to express ideological beliefs that they don't hold, nor do they have the right to suspend someone simply for respectfully providing their opinion at a public meeting," ADF senior counsel Tyson Langhofer said in a statement.

"The school district favors a certain set of beliefs on a hotly contested issue, and it wants to force Tanner to cry uncle and endorse them as well. That's neither legal nor constitutional, and neither was the school's move to place Tanner on leave," he added.

Loudoun County teacher put on administrative leave after speaking to the school board. youtu.be

Christian teacher suspended after declaring he won't 'lie' to students and 'affirm that a biological boy can be a girl, and vice versa'



A Christian physical education teacher has been placed on administrative leave after declaring in a speech that he would not "lie" to his students and "defile" God by affirming that "a biological boy can be a girl and vice versa," Fox News reported.

What are the details?

The teacher, Byron "Tanner" Cross, made the defiant declaration at a Loudon County school board meeting on Tuesday, according to the nonprofit group, Parents Against Critical Race Theory.

During the speech, Cross voiced his opposition to new transgender-affirming policies pushed by the school district that require all staff use a student's preferred gender pronouns and permitted transgender students to participate in activities consistent with their gender identity, rather than their biological sex.

"My name is Tanner Cross and I am speaking out of love for those who are suffering from gender dysphoria," Cross said at the opening of his speech.

"'60 Minutes' this past Sunday interviewed over 30 young people who transitioned, but they felt led astray because of lack of pushback or how easy it was to make physical changes to their bodies in just three months. They are now de-transitioning," he continued.

Loudoun County teacher put on administrative leave after speaking to the school board. youtu.be

"It's not my intention to hurt anyone, but there are certain truths that we must face when ready. We condemn school policies like 8040 and [8350] because it will damage children [and] defile the holy image of God," Cross added.

"I love all of my students but I will never lie to them regardless of the consequences. 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," he explained. "It's lying to a child, it's abuse to a child, and it's sinning against our God."

What else?

In an email reportedly obtained by PACT and shown to Fox News, Leesburg Elementary Principal Shawn Lacey informed parents that Cross had been placed on administrative leave.

"I'm contacting you to let you know that one of our physical education teachers, Tanner Cross, is on leave beginning this morning," Lacey said in the email. "In his absence, his duties will be covered by substitute staff already working in our building. I wanted you to know this because it may affect your student's school routine. Because this involves a personnel matter, I can offer no further information."

Loudon County Public Schools confirmed to Fox News that Lacey sent the email regarding Cross, but noted that noted that "the decision to place an employee on leave is not the principal's."

The spokesperson went on to say, "The contents of personnel files are confidential under state and federal law. I cannot comment other to say that Mr. Cross is on administrative leave with pay."

Anything else?

According to LCPS documents, policy 8040 specifies that, "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."

It adds: "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."

Policy 8350 states: "LCPS staff shall allow gender-expansive and transgender students to 37 participate in such activities in a manner consistent with the student's gender identity."