Students in Houston, Katy and Plano ISDs who were worried about a new law prohibiting LGBTQ+ clubs and activities on campus got a temporary reprieve, per a judge’s ruling.
District Judge Charles Eskridge ruled on February 20 that Senate Bill 12 — a ban on programs and discussions of race, gender identity and sexual orientation in K-12 public and charter schools — will be paused for the three districts named in a lawsuit while the matter is being litigated.
The ACLU of Texas, Transgender Law Center and Baker McKenzie filed suit last year against Texas Education Agency Commissioner Mike Morath and the three school districts on behalf of Genders and Sexualities Alliance Network, Students Engaged in Advancing Texas, Texas American Federation of Teachers, a teacher, and two students with the support of their parents.
While LGBTQ+ activities were the primary concern of the plaintiffs involved in the lawsuit, the state law also prohibits events celebrating Black, Latine, Asian, and Indigenous history; cultural awareness training, and conversations between parents and students about topics relating to race, gender identity and sexual orientation, according to a statement issued by ACLU of Texas.
Dale Melchert, a California-based senior staff attorney with the Transgender Law Center, said Texas’ SB 12 is “one of the broadest student censorship laws” that he’s seen. “We’re seeing an escalated attempt of conservative state legislatures to pass draconian laws that target vulnerable populations,” he said. “Texas is not the only one but Texas certainly keeps us busy.”
However, he said the Lone Star State also has a lot of young people who are willing to speak up against laws they believe to be harmful.
“I have so much respect for the students, parents and educators who are doing what they can to protect the ability to freely share information and for their communities to have a rich and diverse educational experience,” he said. “This trend of laws that attempt to censor what students can learn at school undermines democracy.”
During a December press conference, students and advocates said the state’s ban on DEI programs, such as events celebrating cultural history or Gender and Sexuality Alliance clubs, was harmful and could cause students to not want to go to school anymore. Some pointed to research that suicide rates spike when students do not feel accepted on campus.
Safara Malone, a board member of GSA Network, said transgender students will continue to congregate with or without permission, and if the state takes their education seriously, it will stop holding students hostage.
“As a student educated in Texas public schools, I remember how it felt to grow up in a world that seemed so wonderful yet so out of reach,” she said. “While me and my friends looked for learning and growing, we were often met with boxes and barriers. I made it through. As a transgender woman, I know this to be true at my core: trans, queer and two-spirit youth exist in Texas, belong in Texas and have the right to self-determine in Texas.”
Cameron Samuels, executive director of Students Engaged in Advancing Texas and a former Katy ISD student, said while attending high school, they faced censorship of their ideas and identity.
“For years I experienced bullying and harassment because of my Jewish faith, my LGBTQ identity and my neurodivergent disorders,” Samuels said. “I wanted to be seen, heard and valued. My high school Pride club was a lifeline for discovering my LGBTQ identity and feeling safer at school. Once a week, I would enter a classroom of 10 to 20 peers and immediately find comfort in our shared struggle. My Pride club gave students like me the freedom to be ourselves when our school and the world told us we didn’t deserve equal treatment. It’s moments like these that Texas lawmakers don’t want in our schools.”
Eskridge said in an opinion attached to the ruling that Morath’s motion to dismiss legal action against him was granted, primarily because, according to the judge, the TEA commissioner hasn’t done anything thus far to enforce the ban.
“Plaintiffs lack standing to pursue action against [Morath] because they haven’t shown that their presently alleged injuries are traceable to him,” the opinion states. “Any injury to Plaintiffs instead arises from implementation and enforcement actions by the ISDs, and not by the Commissioner himself.”
The injunction applies only to Katy, Houston and Plano ISDs because those are the ones that were sued, but Melchert said he hopes that students in other Texas districts who wish to challenge the law will be empowered to do so.
“Even though that’s only three districts, there are many schools in all of those districts, so this is a huge win,” he said. “Our clients are thrilled that they can resume meeting with their GSA clubs or initiate clubs that were prevented from forming at the beginning of the school year. This means students and teachers are able to freely discuss topics related to race, ethnicity, sexual orientation and gender identity.”
Enforcement of SB 12 is only halted until a final ruling is handed down, and Melchert said he’s not sure when that will be. It could take months, he said, adding that he’s hopeful for a favorable ruling.
“SB 12 clearly flies in the face of the federal Equal Access Act, which prevents schools that receive federal funding from discriminating among student groups,” he said. “The court made clear that federal law prevails over state law here.”
Plaintiffs in the lawsuit have repeatedly pointed out what they say is hypocrisy in state government, which not only allows Christian youth clubs on K-12 campuses, but in the case of Lt. Gov. Dan Patrick pledging money toward Turning Point USA chapters, it funds them.
Brian Klosterboer, a senior staff attorney at the ACLU of Texas, said the preliminary injunction is “a critical victory amidst a surge of state-sponsored discrimination and censorship of vital conversations about race, gender identity, and sexual orientation.”
“As we continue challenging these harmful provisions of SB 12, we will continue advocating for the rights of every student, parent, and educator in Texas to be able to live and speak freely, authentically, and safely in and surrounding K-12 schools,” he said.