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The Virginia Supreme Court upheld the reinstatement of a Virginia teacher who was suspended for refusal to use transgender pronouns. It never should have reached this point.

Tanner Cross, a gym teacher, had cited religious reasons for his refusal to refer to transgender students by their preferred pronouns. At a Loudoun County School Board meeting, Cross had spoken out against the board policy requiring staff to do exactly that. Soon after, he was placed on leave.

Shortly after Cross was placed on leave, he sued, alleging that the school district violated his First Amendment right to freedom of speech. He was granted a temporary injunction by a circuit court judge and reinstated . Loudoun County Public Schools then appealed that ruling, only to be smacked down by the Virginia Supreme Court.

It is important to note that this victory was fairly limited. The court noted in its ruling that in another case, a federal district court determined a teacher did not have a constitutionally protected right to disobey a policy requiring that he refer to students by their preferred pronouns. But that was not the question in Crosss case. He was punished for publicly speaking out against the policy, and his suspension was a retaliation against him for exercising his First Amendment rights.

Moreover, the ruling only covered the temporary injunction that allowed Cross to continue working while his lawsuit progresses through the courts. According to the Associated Press, A trial is scheduled for next week in Loudoun County to settle the issue permanently.

That means the Loudoun County School Boards policy could still make it out of this ordeal intact. That would also mean Cross, or any other teacher in Loudoun County, could still be fired for refusing to obey the policy.

Under the guise of compassion for children, Loudoun County may still be able to compel teachers to adhere to the worldview of transgender activists, redefining sex and gender not just in violation of the religious rights of teachers, but basic biology. Crosss recent victory is well-deserved, but the fact that it was necessary at all is a problem that goes far deeper.

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Loudoun County School Board's transgender policy is still a threat to First Amendment rights - Washington Examiner