HOUSTON — The American Civil Liberties Union of Texas, Transgender Law Center, and Baker McKenzie filed a lawsuit Thursday evening in federal court challenging key aspects of Senate Bill 12 on behalf of the Genders & Sexualities Alliance (GSA) Network, Students Engaged in Advancing Texas (SEAT), a teacher, an individual student, and her parent.
S.B. 12 bans programs and discussions relating to race, gender identity, and sexual orientation in all public and charter schools in Texas from pre-kindergarten through 12th grade. It eliminates a wide range of activities that foster inclusion and promote equal opportunity, including events celebrating Black, Latine, Asian, and Indigenous history; trainings on cultural awareness and inclusion; and critical programs and conversations between students, parents, and educators about topics relating to race, gender identity, and sexual orientation.
“Senate Bill 12 is a blatant attempt to erase students’ identities and silence the stories that make Texas strong,” said Brian Klosterboer (he/him), senior staff attorney at the ACLU of Texas. “Every student — no matter their race, gender, or background — deserves to feel seen, safe, and supported in school. Programs and activities relating to race, gender identity, and sexual orientation not only provide vital support for students and educators of color and the LGBTQIA+ community — they allow all students to encounter a wider range of perspectives and experiences that deepen their understanding of the world around them.
“S.B. 12 is one of the most extreme education censorship laws in the country, undermining the free speech rights of Texas students, parents, and educators. We’re challenging this law in court because our schools should be places of truth, inclusion, and opportunity — not fear and erasure.”
Other components of S.B. 12 threaten the safety and privacy of transgender and nonbinary students in Texas schools by making it much more difficult for educators to support them. The law entirely bans clubs such as Genders & Sexualities Alliances (formerly known as Gay-Straight Alliances, GSAs), which foster a safe, welcoming, and accepting on-campus school environment for all students, regardless of sexual orientation or gender identity.
"Our mission remains true – we know that trans, queer, and Two Spirit youth exist in Texas, belong in Texas, and have the right to self-determine their futures in Texas,” said J. Gia Loving (she/hers), and Maya LaFlamme (she/hers), co-executive directors at Genders & Sexualities Alliance Network. “No matter the ongoing efforts of state legislators to outlaw and ostracize their own people; we know that we cannot be legislated out of existence. GSAs are here to stay.”
“Across races, backgrounds, and genders, we all share the same hope: that our kids can learn freely, be themselves, and grow up healthy and safe. Yet some politicians are trying to further their careers by silencing teachers and depriving students of educational opportunities,” said Shawn Thomas Meerkamper (they/them), managing attorney at Transgender Law Center. “Schools must be welcoming spaces for all students — places where every young person has an equal chance to learn, form friendships, and thrive in clubs, activities, and events that affirm who they are.”
Additionally, S.B. 12 stops students from receiving information about gender identity or sexual orientation in every grade level. The law’s restrictions apply not just to classroom learning, but to after-school programs, field trips, and informal guidance provided by parents, volunteers, and school employees.
“This law isn’t about improving education — it’s about weaponizing it,” said Cameron Samuels (they/them), executive director at SEAT. “S.B. 12 seeks to erase students’ identities and make it impossible for teachers, parents, and volunteers to tell the truth about the history and diversity of our state. The law also guts vital support systems for Black, Brown, Indigenous, Asian, and LGBTQIA+ students and educators. We’re suing on behalf of students across Texas to ensure that our schools remain places where all students are safe, supported, and given the best opportunity to thrive.”
S.B. 12 was signed into law by Governor Greg Abbott in June and has already started being implemented and causing harm across the state.
The Plaintiffs also filed a motion for preliminary injunction seeking to block the enforcement of unconstitutional aspects of the law while this case makes its way through the courts. The Plaintiffs are challenging S.B. 12’s restrictions as unconstitutional in violation of the First and Fourteenth Amendments and as violating the federal Equal Access Act.
Access a video statement from Azeemah Sadiq, an Alief ISD student and senior policy associate at SEAT: https://aclutx.dash.app/sharing/type/asset/5342a3cc-5ff0-48fc-8ed9-78fdd179021e
Access more information about the lawsuit here: https://www.aclutx.org/en/cases/gsa-v-morath
To access resources on how you can defend students’ rights in Texas, visit: https://www.aclutx.org/en/students-rights-hub
If you or someone you know are impacted by S.B. 12, contact: https://intake.aclutx.org/
- If you or someone you know needs mental health resources or support, visit: Trans Lifeline at (877) 565-8860 or https://www.translifeline.org
- Trevor Project at 866-488-7386 or https://www.thetrevorproject.org/
