A federal judge in Houston heard more than three hours of arguments Thursday as civil rights groups and student advocates asked the court to block key parts of Texas Senate Bill 12, a sweeping education law that restricts discussions of gender identity, sexual orientation and race in public K–12 schools.
The hearing took place in U.S. District Court in Houston, where the American Civil Liberties Union (ACLU) of Texas, the Transgender Law Center and other plaintiffs are seeking a preliminary injunction to stop enforcement of four parts of the law while a broader constitutional challenge works its way through court.
Governor Greg Abbott signed Senate Bill 12 into law, and it went into effect on Sept. 1, banning diversity, equity and inclusion programming in public and charter schools, prohibits most discussions of gender identity and sexual orientation by school employees and bars student clubs based on sexual orientation or gender identity, including Gender and Sexuality Alliances.
Supporters say the law strengthens parental rights, but opponents argue it amounts to unconstitutional censorship.
U.S. District Judge Charles Eskridge heard closing arguments from attorneys representing students, educators and advocacy organizations, as well as lawyers for the state and several school districts named as defendants.
Eskridge did not issue an immediate ruling after Thursday’s hearing. But the judge raised questions about who is responsible for enforcing the law.
Attorneys for Katy Independent School District and Texas Education Commissioner Mike Morath argued their clients should not be included as defendants because they do not directly enforce SB 12. When Katy ISD attorney Christopher Gilbert suggested enforcement may fall to the Texas attorney general’s office, Eskridge expressed skepticism.
“I am surprised to hear that that is a good question for the court to ask,” Eskridge said during the hearing.
The lawsuit, filed in August, names Morath and three school districts, Houston ISD, Katy ISD and Plano ISD,as defendants. Attorneys for Houston ISD and Plano ISD did not present arguments during Thursday’s hearing.
Plaintiffs call the challenged provisions the “GSA club ban,” “inclusivity ban,” “social transitioning ban,” and a ban on discussion of LGBTQ+ identities. They argue the provisions violate the First and Fourteenth Amendments and the federal Equal Access Act by discriminating based on viewpoint and creating a chilling effect on students and educators.
Civil rights groups say SB 12’s restrictions extend beyond classrooms to after-school programs, informal conversations and student-led activities, erasing safe spaces for LGBTQ+ students. The Transgender Law Center said in a statement that the case is about “students’ right to feel seen, supported, and safe in their own classrooms.”
“We brought this lawsuit to ensure that schools are welcoming and inclusive for all,” said Dale Melchert, senior staff attorney with the Transgender Law Center. “So that whether students are participating in a club activity or having an informal conversation with a teacher after school, they have the freedom to learn, form friendships, and feel like they belong.”
Students and advocates also spoke about the law’s impact. Adrian Moore, a senior at Morton Ranch High School in Katy ISD, told Houston Public Media that his school’s GSA shut down after the law took effect.
“If trans students don’t feel safe and supported at school, they’ll stop showing up,” Moore said. “Whether that be physically dropping out … or mentally checking out.”
During Thursday’s hearing, attorneys for the state argued the law preserves parental authority over children’s education and limits what they described as DEI indoctrination. Lt. Gov. Dan Patrick has previously said SB 12 “reasserts parents as the primary decision-makers” in public education.
Eskridge is expected to rule in the coming weeks on whether to issue a preliminary injunction. If granted, the injunction would temporarily block enforcement of the challenged parts of the law statewide while the lawsuit continues.
— Caroline Savoie