The American Civil Liberties Union of Texas, Transgender Law Center, and Baker McKenzie filed a lawsuit on Thursday evening, Aug. 28, in federal court challenging key aspects of Senate Bill 12 on behalf of the Genders & Sexualities Alliance Network, Students Engaged in Advancing Texas, a teacher, an individual student, and her parent, according to a press release from the ACLU of Texas.
SB 12 bans programs and discussions relating to race, gender identity and sexual orientation in all public and charter schools in Texas, from pre-kindergarten through 12th grade. The press release explains that the measure “eliminates a wide range of activities that foster inclusion and promote equal opportunity, including events celebrating Black, Latine, Asian and Indigenous history; trainings on cultural awareness and inclusion, and critical conversations between students, parents and educators about topics relating to race, gender identity, and sexual orientation.”
Brian Klosterboer, senior staff attorney at the ACLU of Texas, said, “Senate Bill 12 is a blatant attempt to erase students’ identities and silence the stories that make Texas strong. Every student — no matter their race, gender or background — deserves to feel seen, safe and supported in school.
“Programs and activities relating to race, gender identity and sexual orientation not only provide vital support for students and educators of color and the LGBTQIA+ community, they allow all students to encounter a wider range of perspectives and experiences that deepen their understanding of the world around them,” Klosterboer continued. “SB 12 is one of the most extreme education censorship laws in the country, undermining the free speech rights of Texas students, parents, and educators. We’re challenging this law in court because our schools should be places of truth, inclusion and opportunity, not fear and erasure.”
Other components of SB 12 threaten the safety and privacy of transgender and nonbinary students in Texas schools by making it much more difficult for educators to support them, the press release noted, pointing out that the law entirely bans clubs such as Genders & Sexualities Alliances (formerly known as Gay-Straight Alliances, GSAs), which “foster a safe, welcoming, and accepting on-campus school environment for all students, regardless of sexual orientation or gender identity.”
J. Gia Loving and Maya LaFlamme, co-executive directors of the Genders and Sexualities Network, said, “Our mission remains true: We know that trans, queer and Two Spirit youth exist in Texas, belong in Texas and have the right to self-determine their futures in Texas. No matter the ongoing efforts of state legislators to outlaw and ostracize their own people, we know that we cannot be legislated out of existence. GSAs are here to stay.”
And Shawn Thomas Meerkamper, managing attorney at the Transgender Law Center, added, “Across races, backgrounds and genders, we all share the same hope: that our kids can learn freely, be themselves and grow up healthy and safe. Yet some politicians are trying to further their careers by silencing teachers and depriving students of educational opportunities.
“Schools must be welcoming spaces for all students — places where every young person has an equal chance to learn, form friendships, and thrive in clubs, activities, and events that affirm who they are,” Meerkamper said.
SB 12 also prevents students from receiving information about gender identity or sexual orientation in every grade level, and its restrictions apply to classroom learning as well as after-school programs, field trips and informal guidance provided by parents, volunteers and school employees.
Cameron Samuels, executive director of SEAT warned that SB 12 “seeks to erase students’ identities and make it impossible for teachers, parents and volunteers to tell the truth about the history and diversity of our state. The law also guts vital support systems for Black, brown, indigenous, Asian and LGBTQIA+ students and educators.
We’re suing on behalf of students across Texas to ensure that our schools remain places where all students are safe, supported, and given the best opportunity to thrive,” Sanuels said.
Gov. Greg Abbott signed SB 12 into law in June. It has, the press release said, “already started being implemented and causing harm across the state.”
The plaintiffs also filed a motion for preliminary injunction seeking to block the enforcement of unconstitutional aspects of the law as the case makes its way through the courts. The plaintiffs are challenging SB 12’s restrictions as unconstitutional in violation of the First and Fourteenth Amendments and as violating the federal Equal Access Act.
Azeemah Sadiq, an Alief ISD student and senior policy associate at SEAT has posted a video statement about SB 12 and its impact.
More information about the lawsuit is available online as are resources on defending students’ rights in Texas.
Anyone impacted by SB 12 is encouraged to contact the ACLU. Anyone in need of mental health resources or support can call the Trans Lifeline by phone at 877-565-8860 or online, or contact the Trevor Project by phone at 866-488-7386 or online.
— Tammye Nash