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ACLU Sues to Block Texas K-12 DEI Ban Days Before It Takes Effect

Plaintiffs ask a judge to halt sections they argue violate free speech, equal access.

Overview

  • The ACLU of Texas, Transgender Law Center, and Baker McKenzie filed a federal lawsuit on Aug. 29 seeking to stop Senate Bill 12 from taking effect on Sept. 1.
  • Defendants include Texas Education Commissioner Mike Morath and the Houston, Katy, and Plano school districts, while plaintiffs include SEAT, the GSA Network, a Houston ISD student, and a Plano ISD teacher.
  • SB 12 prohibits DEI programs and training, bars consideration of race, ethnicity, gender identity or sexual orientation in hiring, restricts classroom discussion of gender identity, and forbids GSA clubs.
  • The suit seeks a preliminary injunction against four provisions: the GSA ban, the inclusivity ban on programs mentioning identity, the social-transition assistance ban, and limits on providing information about gender identity or sexual orientation.
  • ACLU attorneys say a hearing on the injunction could take weeks or months, meaning the law may remain in force as the case begins, and the TEA and named districts did not provide immediate comment.