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Virginia Judge temporarily reinstates anti-trans elementary school teacher

Attorney representing the school system argued Cross’ actions disrupted the educational setting suspension was for that reason not his beliefs

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Byron "Tanner" Cross addresses the Loudoun County School Board (Screenshot via Twitter)

LEESBURG, VA. – A Loudoun County Circuit Court Judge issued a temporary injunction Tuesday reinstating a physical education teacher who told the County School Board that he would not respect the gender identity of transgender students by use of their preferred pronouns.

In his ruling, Circuit Court Judge Jim Plowman Jr. ordered that Byron “Tanner” Cross be reinstated to his job at Leesburg Elementary School and also wrote in a seven page opinion;

“The court finds that the plaintiff’s speech and religious continent are central to the determination made by the defendants to suspend plaintiff’s employment. […] The court further found that the weight of the evidence and the totality of the circumstances, show that the four prongs for issuance of temporary injunction have been satisfied.”

In an interview with WTTG Fox 5 in Washington D.C. Tuesday after the ruling, Tanner said; “We’re so happy- there’s lots of tears, lots of hugs,” he said. “We’re just happy that we were reinstated, and I look forward to going back to serving Leesburg Elementary.”

Cross told Fox News that he did not accept any science to suggest gender identity can change. However, he said he would call a child by their desired name. “I just can’t say things that are untrue,” he added.

Tanner is being represented by the anti-LGBTQ Alliance Defending Freedom, (ADF), a Scottsdale, Arizona faith based law group that the Southern Poverty Law Center has placed on its Hate Watch List, labeling it an anti-LGBTQ hate group due to its supporting the recriminalization of sexual acts between consenting LGBTQ adults in the U.S. and criminalization abroad; the fact it has defended state-sanctioned sterilization of trans people abroad; that ADF has contended that LGBTQ people are more likely to engage in pedophilia; and its claims that a “homosexual agenda” will destroy Christianity and society. 

Recently the group has backed numerous pieces of anti-trans legislation aimed at banning trans youth, particularly trans-females, from participating in sports. ADF has also backed legislation that would ban physicians from treating trans youth under the age of 18 with hormonal treatments and other medical regimes.

A statement issued today by the group after the Judge issued his opinion read:

“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,” said ADF President and CEO Michael Farris. “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. School officials singled out his speech, offered in his private capacity at a public meeting, as ‘disruptive’ and then suspended him for speaking his mind. That’s neither legal nor constitutional. Dozens of other teachers have shared their beliefs on various policies without retaliation; Tanner deserves to be treated with the same respect.”

Stacy Haney, an attorney representing the school system, however, argued that “the action was based on interference of operation” — that is, that Cross’ actions disrupted the educational setting — and not on his beliefs. She also presented testimony from school officials that the teacher’s remarks had an adverse impact on the school and the system, the Loudoun Times-Mirror reported.

During a public comments session of the Loudoun County School (LCPS) Board session last month, Cross told the board; ““It’s not my intention to hurt anyone,” Cross said. “But there are certain truths that we must face when ready. We condemn school policies like 8040 and 8035 [LCPS proposed policy changes] because it would damage children and defile the holy image of god. I love all of my students,” he said adding, “But I would never lie to them regardless of the consequences. I’m a teacher, but I serve god first but I will not affirm that a biological boy can be a girl, and vice versa because it is against my religion- it’s lying to a child, it’s abuse to a child, and it’s sinning against our god.”

The ADF in its suit filed on June 1, wrote; “This case is not about how schools should treat students who struggle with gender dysphoria,” reads the lawsuit. “It is about whether public schools can punish a teacher for objecting, as a private citizen, to a proposed policy, in a forum designated for the purpose of considering whether to implement such policies, where the policy would force him to express ideas about human nature, unrelated to the school’s curriculum, that he believes are false.”

The Republican nominee in the Virginia gubernatorial race, Glenn Youngkin, had expressed support for Cross in a tweet and later in an interview with Fox News:

Wayde Byard, public information officer for the school system, in an email told the Loudoun Times-Mirror newspaper in Leesburg that Loudoun County Public Schools had no comment on the judge’s decision

Judge Plowman directed both parties to schedule a trial no later than June 16.

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Transgender immigrant activists march to White House

Marchers demanded end to ICE detention of trans, HIV-positive people

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Transgender immigrant activists who marched to the White House on June 23, 2021, stand in the intersection of 16th and H Streets, N.W., near Black Lives Matter Plaza. (Washington Blade photo by Michael Key)

WASHINGTON — More than 100 people marched to the White House on Wednesday to demand the Biden administration end the detention of transgender people and people with HIV/AIDS in U.S. Immigration and Customs Enforcement facilities.

Casa Ruby CEO Ruby Corado and other marchers left National City Christian Church in Thomas Circle after organizers held a “funeral” for three trans women — Roxsana Hernández, Victoria Arellano and Johana “Joa” Medina Leon — who died while in ICE custody or immediately after the agency released them.

Hernández, a trans woman with HIV from Honduras, died in a hospital in Albuquerque, N.M., on May 25, 2018, while in ICE custody. Arellano, a trans woman with HIV from Mexico, passed away at a hospital in San Pedro, Calif., while in ICE custody.

ICE released Medina, a trans woman with HIV from El Salvador, from its custody on May 28, 2019, the same day it transferred her to a hospital in El Paso, Texas. Medina died three days later.

Hernández’s family has filed a lawsuit against the federal government and the five private companies that were responsible for her care.

Isa Noyola, deputy director of Mijente, one of the immigrant advocacy groups that organized the march, emceed the “funeral.” Noyola played a message that Hernández’s nephew in Honduras recorded.

“The state does not recognize our humanity,” said Noyola, who became emotional at several points during the service.

A press release that announced the events said 25 trans women who had previously been in ICE custody participated. They, along with other participants, blocked traffic at the intersection of 16th and H Streets, N.W., near Black Lives Matter Plaza for several minutes before they marched into Lafayette Square.

March participants also carried three pink coffins that represented Hernández, Arellano and Medina. They propped them up on a security fence along Pennsylvania Avenue before they staged a die-in.

The march took place a week after Mijente and seven other immigrant advocacy groups in a letter to Homeland Security Secretary Alejandro Mayorkas and acting ICE Director Tae Johnson demanded the release of all trans people and people with HIV who are in immigrant detention facilities.

The White House on Tuesday announced asylum seekers who saw their cases closed under the previous administration’s “Remain in Mexico” policy will be allowed to enter the U.S. in order to pursue them. Vice President Kamala Harris, who traveled to Guatemala earlier this month, has also acknowledged anti-LGBTQ violence is one of the “root causes” of migration from Central America’s Northern Triangle.

‘Our only crime is to seek opportunities, to seek refuge’

Li An “Estrella” Sánchez, a trans woman from Mexico’s Veracruz state who the U.S. has granted asylum, is among those who participated in the march.

She told the Los Angeles Blade during an interview in Lafayette Square after the march that she spent 13 months in ICE custody at three Georgia detention centers — the Atlanta City Detention Center, the Irwin County Detention Center and the Stewart Detention Center — before her release in 2013. Sánchez, who founded Community Estrella, an Atlanta-based organization that advocates for ICE detainees who identify as LGBTQ, said she and other trans ICE detainees face inadequate access to health and solitary confinement, among other things.

“I know first hand what they felt,” said Sánchez, referring to the three trans women who died in ICE custody or immediately after their release. “I wouldn’t wish it upon my worst enemy to be in a jail.”

“Our only crime is to seek opportunities, to seek refuge, to seek protection, to seek security,” she added.

Sánchez also had a message for President Biden.

“Listen, because the people are continuing the fight,” said Sánchez. “You have promised to support the LGBT community and you are really forgetting the immigrant community.”

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Chaos erupts at Virginia school board meeting over trans students rights

Two people arrested, two others injured

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Screenshot via WJLA ABC 7 News Washington

LEESBURG, Va. — The Loudoun County School Board abruptly ended its meeting Tuesday as chaos erupted after parents who were against the school district’s implementation of Policy 8040 failed to observe rules regarding disruptions and decorum.

Loudoun Now reports Vice Chair Atoosa Reaser made the motion to curtail public comment about an hour after that portion of the meeting began. A brawl then broke out between members of the public, and Loudoun County Sheriff’s Department deputies were called to clear the room. 

Two people were arrested, and two people also suffered minor injuries. The names of those who were taken into custody and injured have not been made public.

The school board resumed its meeting at 6:30 p.m. after it ended the public comment session and deputies cleared the room. The school board entered into closed session to meet with legal counsel and discuss negotiations involving a bid award.

In light of the events that transpired at the school board meeting, a group of LGBTQ groups in neighboring Fairfax County in a statement called upon prominent community members to condemn the anti-transgender hate in Loudoun County.

“A coalition of organizations based in Northern Virginia is calling on local officials … to condemn the rise of anti-LGBTQIA+ hate, in particular animosity towards transgender and gender-expansive students, on display in Loudoun County,” reads the statement 

“In addition, the coalition is asking for the denouncement of support for this hate from other local groups, including the Fairfax County Republican Committee, the Family Foundation of Virginia and the Family Research Council,” it adds. “Finally, the members of these organizations are requesting visible displays of support for LGBTQIA+ students, particularly trans and gender-expansive students, in both words and deeds.”

More than 300 people attended the school board meeting, with many of them opposing Policy 8040 which would allow transgender students to use their preferred name and pronouns regardless of the name and gender in their permanent education record. The proposed policy would also not require them to provide any substantiating evidence.

Parents also expressed their support for Policy 8040 during the public comment session.

They spoke in favor of inclusivity and equality in the Loudoun County School District.

Parents who were against the policy cited the need to respect biology and privacy as their arguments. In addition, some speakers, including former state Sen. Dick Black expressed anger at the previous school year’s events such as the suspension of physical education teacher Tanner Cross after he refused to refer to trans students using their preferred pronouns.  

“The crowd repeatedly cheered public speakers who lashed out at school board members and denounced the plan that would provide bathroom and locker room access based on a student’s gender identity,” WTOP News reports.

Only 51 of the 249 speakers who had signed up for public comment ended up speaking before Reaser’s motion was passed.

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Louisiana Governor John Bel Edwards vetoes trans youth sports bill

Discrimination is not a Louisiana value, and this bill was a solution in search of a problem that simply does not exist in Louisiana

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Louisiana Governor John Bel Edwards (D) (Official state portrait)

BATON ROUGE – Louisiana’s Democratic Governor John Bel Edwards announced Tuesday that he has vetoed a measure that would have barred trans girls and women from participating on athletic teams or in sporting events designated for girls or women at elementary, secondary and postsecondary schools. 

The measure, Senate Bill 156 authored by Sen. Beth Mizell titled the ‘the Fairness in Women’s Sports Act,’ in the Governor’s eyes, “was a solution in search of a problem that simply does not exist in Louisiana,” Edwards said in his veto statement;

“As I have said repeatedly when asked about this bill, discrimination is not a Louisiana value, and this bill was a solution in search of a problem that simply does not exist in Louisiana. Even the author of the bill acknowledged throughout the legislative session that there wasn’t a single case where this was an issue. 

Further, it would make life more difficult for transgender children, who are some of the most vulnerable Louisianans when it comes to issues of mental health. We should be looking for more ways to unite rather than divide our citizens. And while there is no issue to be solved by this bill, it does present real problems in that it makes it more likely that NCAA and professional championships, like the 2022 Final Four, would not happen in our state. For these and for other reasons, I have vetoed the bill.”

The Baton Rouge Advocate newspaper’s State House reporter, Blake Paterson, noted that [the law] would have required athletic teams or sporting events for women at public institutions be composed only of “biological females,” or those who presumably were listed as female on their birth certificates.

The measure won Senate approval 29-6 and cleared the House 78-19. Those margins are wide enough to override a governor’s veto, though it’s unclear whether lawmakers will return to Baton Rouge to do so.


“Governor Edwards deserves enormous credit for urging Louisianans to reject the politics of division and to focus on what brings us together, including a shared concern for vulnerable children. As his veto message rightly notes, transgender youth already face huge challenges,” Shannon Minter, the Legal Director for the National Center for Lesbian Rights, (NCLR) told the Blade in an email. “Banning them from school sports would not make any child’s life better or safer, but it would bring discredit and economic hardship to the state, which likely would lose NCAA and professional championships. Governor Edward’s veto message is a model of clarity and compassion. We need more leaders with his courage.”

The ACLU reacted in a tweet saying:

 

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