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.”

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.

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