Gill v. Loudoun County School Board

Three faculty members, Loudoun County High School history teacher Monica Gill, Smart’s Mill Middle School English teacher Kim Wright, and Leesburg Elementary School physical education teacher Tanner Cross, have challenged Loudoun County School Board Policy 8040. This policy forces all teachers to advance and embrace ideologies in their classroom that have proven harmful to children by forcing teachers to deny truths about what it means to be male and female. The policy requires teachers to help students deny their biological sex by using whatever pronouns students specify.

While all three teachers have spoken out against the policy, Tanner was suspended for the comments he made in his personal capacity at a public school board meeting in May 2021. After Alliance Defending Freedom filed a lawsuit, the Virginia Supreme Court ruled that Tanner’s constitutional rights had likely been violated, and he was permanently restored to his role after reaching a settlement with the Board on his reinstatement claims.

After the passage of Policy 8040 in August 2021, ADF amended its complaint to challenge the policy itself and added Monica Gill and Kimberly Wright as plaintiffs.

Case Timeline

• May 2021: Tanner Cross was suspended by Loudoun County Public Schools after speaking out against Policy 8040.
• June 2021: ADF attorneys representing Cross filed a lawsuit against LCPS, asking the Loudoun County Circuit Court to immediately halt the enforcement of his suspension. The court granted the request.
• August 2021: The Virginia Supreme Court issued an order confirming the circuit court’s ruling, agreeing that the school district’s actions were likely unconstitutional. Also, ADF attorneys amended their lawsuit to add Monica Gill and Kim Wright as plaintiffs and challenge the policy itself.
• December 2021: The school board agreed to a permanent injunction prohibiting it from retaliating against Tanner Cross for expressing his constitutionally protected views on the board’s transgender policy.
• December 2023: ADF attorneys secured a victory for free speech on behalf of Peter Vlaming, leading Loudoun County School Board to change its position on Policy 8040. This allowed teachers like Gill to avoid using any pronouns to remain consistent with their beliefs.
• July 2025: The Loudoun County Circuit Court recognized that the school board no longer interprets Policy 8040 to force teachers to violate their beliefs.