A United States district judge has blocked three Texas school districts from enforcing DEI bans allowed under Senate Bill 12.
In August, the American Civil Liberties Union of Texas with the Transgender Law Center and Baker McKenzie filed a lawsuit on behalf of the Genders & Sexualities Alliance Network, Students Engaged in Advancing Texas, the Texas American Federation of Teachers, one teacher, and two students who argued that Senate Bill 12 breaches the First and Fourteenth Amendments and the Equal Access Act.
The Equal Access Act basically holds that if a public middle school or high school takes federal funding and it lets any student-run, non-class club meet on campus (ie., chess club, anime club, community service club), then the school can’t pick and choose which clubs get access based on what they talk about, including religion.
Senate Bill 12 disallows school districts from sponsoring or approving student clubs based on gender identity or sexual orientation. It also prohibits teachers from using they/them pronouns, names outside of those given at birth, and bans the use of policies that involve race, ethnicity, gender identity or sexual orientation. The bill also bans the use of DEI in hiring decisions.
In December, the plaintiffs requested an injunction to block certain aspects to the bill from taking effect until the case goes through the judicial process. The law took effect Sept. 1.
On Feb. 20, U.S. District Judge Charles Eskridge ruled that Houston, Katy, and Plano Independent School Districts, named in the lawsuit, cannot enforce four sections of the bill.
As a result, the three school districts won’t be allowed to restrict DEI efforts, prohibit staff from using pronouns and names not assigned at birth, ban instruction on gender and sexual orientation or ban student organizations based on sexual orientation or gender identity.
Judge Eskeridge also dismissed Texas Education Commissioner Mike Morath as a defendant because he did not implement or enforce Senate Bill 12.
“This is a crucial victory amidst a surge of state-sponsored discrimination and censorship of vital conversations about race, gender identity, and sexual orientation,” said Brian Klosterboer, an attorney with the ACLU of Texas.
For now, the ruling only applies to the three named districts.
Supporters of Senate Bill 12 say that DEI programs are a misuse of class time and public money to promote political agendas, while opponents say that the bill harms marginalized students.
The districts have until early March to let the court know if they intend to defend the bill or seek assistance from Texas Attorney General Ken Paxton.
