A U.S. district judge granted a preliminary injunction on February 20, blocking the enforcement of key aspects of Senate Bill 12 in Houston ISD, Katy ISD, and Plano ISD until the case is fully resolved and issued an opinion explaining its reasoning. The court ordered that the districts are “enjoined from implementing policies pursuant to Sections 3, 7, 24, and 27 of SB 12, or otherwise enforcing those provisions, during the pendency of this litigation.”

The American Civil Liberties Union of Texas (ACLU of Texas), Transgender Law Center (TLC), and Baker McKenzie filed the lawsuit in August on behalf of the Genders & Sexualities Alliance (GSA) Network, Students Engaged in Advancing Texas (SEAT), Texas American Federation of Teachers (AFT), a teacher, and two students with the support of their parents.

SB 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. The law censors a wide range of activities that foster inclusion and promote equal opportunity, including:

· Events celebrating Black, Latine, Asian, and indigenous history

· Training on cultural awareness and inclusion

· Critical conversations between students, parents, and educators about topics relating to race, gender identity, and sexual orientation

· School-sponsored activities and field trips relating to race, gender identity, or sexual orientation


Other components of SB 12 threatened the safety and privacy of transgender and nonbinary students in Texas schools by making it harder for educators to support those students. The law entirely bans Genders & Sexualities Alliances clubs (formerly known as Gay-Straight Alliances), which foster a safe, welcoming, and accepting on-campus school environment for all students, regardless of sexual orientation or gender identity, the American Civil Liberties Union said in its press release.

While the plaintiffs asked the court to block enforcement of SB 12’s challenged provisions statewide, the district court found that the Texas Education Association (TEA) Commissioner had not yet taken action to enforce this law and dismissed him for now as a defendant. The current preliminary injunction therefore only applies to Houston ISD, Katy ISD, and Plano ISD, although the court advised that all school districts in Texas “remain obligated to comply first and foremost with federal law, even when doing so requires disregarding contrary state directives.”

“SB 12 is a discriminatory law that should have never passed in the first place and is emblematic of a state leadership that is more interested in fighting culture wars than helping our students succeed,” said Zeph Capo (he/him), President of Texas AFT. Texas AFT will continue to stand up for our pre-K-12 educators and students and fight these senseless attacks on diversity and inclusion.”