Introduction to the Controversy
A lawsuit has been filed in federal court to challenge the constitutionality of Texas’ new anti-DEI law, Senate Bill 12. The American Civil Liberties Union of Texas, along with the Transgender Law Center and private firm Baker McKenzie, are leading the challenge. The lawsuit was filed just days before the law is set to go into effect on September 1.
The Plaintiffs and Defendants
The plaintiffs in the lawsuit include a student from Houston ISD, a teacher from Plano ISD, the GSA Network, which has a number of LGBTQ+ student clubs in Texas high schools, and the advocacy organization Students Engaged in Advancing Texas. The defendants named in the lawsuit are Texas Education Commissioner Mike Morath, Houston ISD, Katy ISD, and Plano ISD.
The Law’s Provisions
The lawsuit challenges four specific provisions of Senate Bill 12, which include:
- A ban on LGBTQ+ student clubs
- A ban on school programs and activities that mention race, ethnicity, gender identity, or sexual orientation
- A section that prohibits “assistance with social transitioning”
- A section prohibiting school employees or third parties from providing information on gender identity or sexual orientation
The Argument Against the Law
According to Attorney Brian Klosterboer with the ACLU of Texas, these provisions are vague and discriminatory. They silence and suppress the voices of students, parents, and educators who want to discuss topics of race, gender, identity, and sexual orientation. The ACLU of Texas is asking the court to block these parts of the law, as they will impose grave harm on students and parents across Texas.
The Impact on Schools and Students
The law’s vagueness has already led to some school districts taking extreme measures. For example, Plano ISD has issued guidance to teachers telling them to use the name and pronouns on a student’s birth certificate, even if the student’s parents have requested otherwise. This has a chilling effect, where schools and educators are nervous to acknowledge the existence of transgender students or treat them with respect.
The Legal Challenge
The ACLU of Texas has asked for a preliminary injunction to block the four challenged elements of the law while the case is ongoing. However, this may take several weeks or even months, during which time the law will be in effect. The lawsuit argues that the provisions challenged amount to censorship and violate the First Amendment.
Similar Lawsuits in Other States
Similar lawsuits challenging similar laws in other states have met with success, including in Mississippi and Iowa. The ACLU of Texas is hopeful that their lawsuit will also be successful in blocking the unconstitutional provisions of Senate Bill 12.
Conclusion
The lawsuit challenging Senate Bill 12 is an important step in protecting the rights of students, parents, and educators in Texas. The law’s provisions are vague and discriminatory, and have already led to harmful policies in some school districts. As the case moves forward, it is essential to remember the importance of protecting the rights of all students, regardless of their background or identity. The outcome of this lawsuit will have significant implications for the future of education in Texas and beyond.
