The American Civil Liberties Union of Texas, Transgender Law Center, and Baker McKenzie have filed a lawsuit challenging the constitutionality and lawfulness of four key provisions of Senate Bill 12, or Texas' Student Identity Censorship Law. The case was brought on behalf of the Genders and Sexualities Alliance (GSA) Network, Students Engaged in Advancing Texas (SEAT), the Texas American Federation of Teachers (Texas AFT), a teacher, and two students and their parents against Mike Morath, in an official capacity as the Commissioner of the Texas Education Agency (TEA), Houston ISD, Katy ISD, and Plano ISD.
S.B. 12 bans diversity, equity, and inclusion efforts in Texas public and charter schools and prohibits teachers and student groups from discussing or supporting topics related to race, gender identity, and sexual orientation. The law eliminates programs such as cultural history events, training on inclusion, and student clubs like GSAs that provide safe and affirming spaces for LGBTQIA+ students.
The law also bars school employees from “assisting” a student’s social transition, including by providing “any information” about this topic, which is unconstitutionally vague and has already resulted in transgender students being discriminated against and harmed across Texas. As this lawsuit remains pending, we urged every school district in Texas to continue following other federal and state laws that require preventing bullying and harassment of transgender students when implementing this vague and unconstitutional provision.
S.B. 12 is one of the most extreme education censorship laws in the country. The law censors the speech of students, parents, educators, and others not only in classrooms, but also after-school programs, field trips, private events on school property, and informal conversations. By silencing discussions of race, gender, and sexual orientation, S.B. 12 threatens students’ safety and privacy, punishes educators for fostering inclusion, and erases the histories and identities of marginalized communities from Texas schools.
The plaintiffs are nonprofit organizations, a teacher’s union, two students, and an educator directly affected by the law’s sweeping prohibitions. Together, they challenge the elimination of safe spaces and inclusive programs that make students feel like they belong in Texas schools.
The lawsuit argues that S.B. 12 violates the First and Fourteenth Amendments of the U.S. Constitution and the federal Equal Access Act. Plaintiffs have filed a motion for preliminary injunction to block enforcement while the case proceeds, and a preliminary injunction hearing is scheduled for December 1, 2025.
Our clients are asking the court to block four unconstitutional provisions of S.B. 12 and affirm that Texas schools should empower every student — no matter their race, gender, or background — to learn, grow, and thrive, not silence their identities or erase their histories.
The lawsuit was filed in the Houston Division of the U.S. District Court for the Southern District of Texas on August 28, 2025.
