News Summary
The ACLU of Texas, along with other advocacy groups, has filed a lawsuit against Texas Education Agency Commissioner Mike Morath and several school districts. The lawsuit challenges Senate Bill 12, which bans diversity and inclusion efforts in schools. The plaintiffs argue the law violates constitutional rights and stifles student expression. Senate Bill 12, signed into law in June, restricts discussions around gender identity and prohibits Gender and Sexuality Alliance clubs, raising concerns over educational censorship and students’ rights in Texas.
Austin, Texas – The American Civil Liberties Union of Texas, the Transgender Law Center, and Baker McKenzie law firm have initiated legal action against Texas Education Agency Commissioner Mike Morath and three school districts. The lawsuit, filed on October 2, 2025, challenges a newly enacted law known as Senate Bill 12, which bans diversity, equity, and inclusion efforts across public and charter schools in Texas.
The plaintiffs in the case include advocacy groups such as Students Engaged in Advancing Texas and the Gender and Sexuality Alliance network, as well as two unnamed individuals. They are seeking a court order to prevent Morath from enforcing the law and to stop the Houston, Plano, and Katy Independent School Districts from complying with its provisions. The plaintiffs argue that the law infringes upon the First and Fourteenth Amendments of the United States Constitution, as well as the Equal Access Act, which protects student-led organizations.
Senate Bill 12, which was authored by state Senator Brandon Creighton and signed into law by Governor Greg Abbott in June 2025, introduces significant restrictions on discussions related to gender identity within classrooms. Additionally, the law forbids students from forming Gender and Sexuality Alliance clubs, which aim to support LGBTQ+ students. It is designed to complement previous policies adopted by numerous large school districts in the Houston area that impose strict controls on gender-related topics in education.
The ACLU has described Senate Bill 12 as one of the most extreme laws in the country regarding education censorship, asserting that it violates the free speech rights of students, parents, and educators. The lawsuit specifically identifies four provisions of the law as unconstitutional for stifling protected forms of private speech, including programs that reference race or ethnicity, discussions on gender identity or sexual orientation, and the establishment of LGBTQ+-focused student organizations.
Among the plaintiffs, two anonymous individuals are highlighted: Rebecca Roe, a freshman at Houston ISD who identifies as queer and previously participated in a Gender and Sexuality Alliance club, and Polly Poe, a teacher at Plano ISD who is no longer able to engage in related discussions with her students due to the law’s restrictions.
Senate Bill 12 requires school districts to implement “gender policies” if they do not already have them in place. Nevertheless, it does not stipulate that parents must be notified if a child requests to change their pronouns at school. The Texas Education Agency has indicated that the law will also necessitate annual certifications from school boards to ensure adherence to the bans on diversity initiatives and critical race theory instruction. Furthermore, the law revises the grievance procedure for parents, elevating oversight and accountability for school leaders.
As of now, the Houston, Katy, and Plano Independent School Districts have not provided comments regarding the ongoing litigation when approached for statements. The law is scheduled to take effect on October 5, 2025, which adds urgency to the legal proceedings initiated by the ACLU and other advocacy groups.
This legal challenge unfolds amid a broader national conversation about the role of education in fostering diversity and inclusion, particularly as various states implement similar laws impacting students’ rights to express their identities in educational settings. The outcome of this lawsuit may have significant implications for the future of student-led initiatives and discussions surrounding gender identity and diversity in Texas schools.
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Additional Resources
- ABC News: Marine Veteran Threatened to Shoot Texas High School
- Google Search: Texas Education Agency Commissioner Mike Morath
- Houston Chronicle: HISD Katy Lawsuit DEI and Parents’ Rights ACLU
- Wikipedia: LGBTQ+ Rights in the United States
- Covering Katy: Katy ISD Drops from A to B Rating
- Encyclopedia Britannica: Diversity, Equity, and Inclusion
- Community Impact: Katy ISD Lamar CISD Receive B Ratings
- Google News: Education Censorship Texas
- KHOU: Katy ISD Back to School
- Google Search: Senate Bill 12 Texas
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