Bill Clinton’s Former Prosecutor Speaks On Public School Policies
LEESBURG, Va. — Physical Education teacher Tanner “Byron” Cross, 38, doesn’t have much on his Facebook page, just a photo of he and wife Angela and an Old Testament verse.
It is Micah 6:8, which says, “Seek justice, love mercy, walk humbly with your God.”
Cross is experiencing that verse in a fresh way these days following his May 25 remarks at a public meeting of the Loudoun County Public School board where he condemned policies that require the use of transgender pronouns.
A Free Speech Clash
“This case is important to everyone because the core of a free, self-governing society—the ability to speak to your elected representatives about policies they are considering—is at stake in this case. All Americans, including public employees, have the right to peacefully speak in their personal capacity about matters of public concern.” — Logan Spena, legal counsel for teacher Tanner Cross, left. Photo courtesy of ADF
Within 48 hours, the school district suspended Cross, but by June 8, a judge granted a motion that allowed Tanner to be reinstated while his case continues.
During an event Wednesday at Cornerstone Chapel, a megachurch that dominates a corner of Battlefield Parkway in Leesburg, Ken Starr spoke to over 1,500 people. This case involving a Leesburg Elementary School teacher is the kind of example he finds troubling, he mentioned in his remarks.
A best-selling writer, Starr served as a United States circuit judge and 39th solicitor general of the United States as well as a university president and law dean. He is best known for heading an investigation of members of President Bill Clinton and his administration. In 1998, allegations of an affair between Clinton and White House intern Monica Lewinsky became the focus of Starr’s attention. A Christian, Starr shared his ideas with the audience at Cornerstone on ways to impact the culture as Cross did.
Starr told the audience to speak into the culture “in a loving and winsome way.”
The Rev. Gary Hamrick, pastor of the non-denominational church, wore his usual casual shirt and sat in an easy chair asking Starr questions about the culture and Starr’s latest book, “Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty,” from Encounter Books.
Hamrick steered Starr to the situation that Cross is facing, and Starr offered this generalization: “School boards get it wrong.”
In a telephone interview Wednesday, Cross said he loves his students and wants the best for them. He said the school’s policy is harmful to students and teachers, adding it is a lie to say a biological male is female and vice versa.
Wayde Byard, spokesman for Loudoun County Public Schools, said the school year ended this week and teachers such as Cross will finish the academic year Thursday. He noted all parties complied with the court order but declined to comment further because of ongoing litigation.
Starr mentioned Alliance Defending Freedom, a non-profit legal organization known for protecting religious freedom, particularly free speech. He noted that ADF often gets involved in religious freedom cases and said that when they do, school policies often change—particularly when punitive damages are considered.
ADF legal counsel Logan Spena said Cross was punished by the Loudoun County School board for offering his opinion on two school policies regarding prescribed language use for transgender people.
Spena referred to a video of Cross addressing the school board.
“He was suspended for making the remarks in the video, and the video contains the entirety of his remarks,” Spena said.
The attorney representing Cross went on to say, “This case is important to everyone because the core of a free, self-governing society—the ability to speak to your elected representatives about policies they are considering—is at stake in this case. All Americans, including public employees, have the right to peacefully speak in their personal capacity about matters of public concern.”
A quarterback for his North Hagerstown (Md.) High School, Cross said that sport taught him the benefit of teamwork and the need to communicate well.
While colleagues can disagree or agree, Cross said, “Most of the time people see eye to eye.”
Cross quoted his school’s slogan: “We are famiLEE,” adding that he isn’t worried about his future. He wants to continue working for Leesburg Elementary School.
“I have no plan B,” he said, adding that if he could do it over again, he would still address the school board over concern for his students because of his Christian faith.
Judge Ken Starr (left) and Reverend Gary Hamrick (right). Photo by Michael Ray Smith.
Why is that important?
“This case is important to Christians because the policy that Tanner spoke about commits the schools to taking one side in an ongoing debate about some of the deepest questions facing our communities—questions about who and what we are as human beings—and compel teachers to affirm that same side with their own mouths, even when their religious beliefs command them to do otherwise,” Spena said.
“When Tanner used his constitutional right to explain how the policy under consideration would affect him as a religious person, he was punished. This case is about showing that everyone, including people of faith, has the right to speak about these matters.”
Over and over, Starr told the audience that the law recognizes matters of conscience and free speech is crucial.
Deirdre Ajello, Fredericksburg, Va., who watched the presentation online, said the Starr interview proved too timely for parents facing the transgender language conundrum.
“The Bible needs to be the guiding influence for our children and the entire family,” she said.
Michael Ray Smith is an award-winning writer and teaches for LCC International University, Lithuania, and Regent University, Virginia Beach, and writes for Religion Unplugged, Inspired magazine and other news sites. He wrote “7 Days to a Byline that Pays” among other books.