
In a win for LGBTQ+ Texans, a federal judge has temporarily barred a group of public school districts from enforcing the nation’s first law explicitly banning LGBTQ+ student clubs.
Judge Charles Eskridge of the U.S. District Court for the Southern District of Texas ruled that the state’s Houston, Plano, and Katy school districts could not enforce state law S.B. 12, which passed last year and was called “one of the most nakedly hateful bills we have had on the floor of this House” by out state Rep. Erin Zwiener (D).
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Republicans who supported the bill claimed LGBTQ+-supportive clubs are “sexualizing” children.
“We’re not going to allow gay clubs, and we’re not going to allow straight clubs,” said state Rep. Jeff Leach (R). “We shouldn’t be sexualizing our kids in public schools, period. And we shouldn’t have clubs based on sex.”
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S.B. 12 was billed as a “Bill of Parental Rights” and also restricted diversity initiatives in public schools and required more parental notification when it comes to mental and physical health in schools.
It also bans teachers from referring to trans students by their preferred first names, even if their parents support their child’s transition. Students have been deadnamed in some school districts while others have complied with the law by calling trans kids by their last names only.
The lawsuit was filed by the ACLU of Texas, Transgender Law Center, and Baker McKenzie on behalf of the Texas American Federation of Teachers (AFT), the Genders & Sexualities Alliance (GSA) Network, Students Engaged in Advancing Texas (SEAT), a teacher, and two students.
The plaintiffs argued that the law “censors huge swaths of constitutionally protected speech.”
“This win is bigger than me,” said plaintiff Adrian Moore, a Katy ISD student. “It’s a win for all trans students, and students from all backgrounds in my district. Schools should be places where all students feel safe and supported. I hope this lawsuit sends the message that when the LGBTQIA+ community and our allies work in solidarity, we can make a difference.”
Julie Johnson, Moore’s parent, said the ruling is “evidence that justice can sometimes prevail, that speaking up matters, and that it can have a positive impact in the broader community.”
“In a world that feels like basic human dignity is no longer a given right, it means something to my child that their voice was heard,” Johnson said. “In the weeks to come, Adrian will have a name at school. He will no longer be referred to by only his last name, while other students are referred to on a first-name basis. I will see my child’s name listed on programs and playbills at school events. My child will be seen and recognized as the worthy human being he is.”
J. Gia Loving and Maya LaFlamme, co-executive directors at Genders & Sexualities Alliance Network, said the decision “strengthens Texan trans, queer and Two Spirit youth’s right to gather, build connection and safely exist in their schools.”
“GSAs enable students with the skills to build confidence through leadership roles, create spaces of belonging for their peers, and advocate for justice,” they added. “While this is one battle won, our efforts to protect students’ right to safe, inclusive learning spaces and communities will continue. Today and every day, GSAs are here to stay!”
SEAT executive director Cameron Samuels also celebrated the temporary injunction. “Today’s ruling reminds us that queer and trans students’ resilience and joy are here to stay,” Samuels said. “We won’t stop fighting until all Texas students are guaranteed safe and welcoming school environments.”
The federal Equal Access Act requires federally funded public secondary schools to provide equal access to extracurricular student clubs. While that law was passed in 1984 because Christian activists worried that schools might stop Bible clubs from meeting, it has long been used by GSAs to protect their right to meet on school campuses.
GSAs – Gay-Straight Alliances or Gender-Sexuality Alliances – have been targeted by conservatives ever since they were first formed in the 1980s.
In the late 1990s, when Salt Lake City tried to shut down a local school’s GSA, and when they were told they were legally required to give all clubs equal access to school resources, the school board decided to cancel all extracurricular clubs just to stop the GSA, which eventually led to a federal lawsuit. A federal judge ruled that the school district had violated the Equal Access Act and students’ First Amendment rights, which resulted in the district allowing the GSA to meet again.
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