On Tuesday, Texas AFT joined ongoing litigation against Senate Bill 12, a new state law that bans gay-straight alliance (GSA) clubs, prevents educators from using students’ chosen names and pronouns, and prohibits diversity, equity, and inclusion efforts from public and charter K-12 schools. The lawsuit, filed by GSA Network and Students Engaged in Advancing Texas (SEAT) in late August, alleges that SB 12 violates the First and Fourteenth Amendments, as well as the federal Equal Access Act. The plaintiffs allege the statute is vague, overly broad, and invites harassment of educators who attempt to teach established curriculum in good faith. Individual plaintiffs include a teacher, a student, and the student’s parent, all of whom have been directly affected by SB 12’s unlawful provisions.
Our president, Zeph Capo, explained why our members are determined to challenge this legislation that targets students of color and LGBTQ students: “When educators step in the classroom, we make a promise to support our students and their families. SB 12 asks us to set aside both that promise and the state’s own educator code of ethics to be foot soldiers for Texas’s anti-inclusion crusade.”
This law has created confusion for schools right as the academic year begins and our members have seen firsthand the negative effects SB 12 is having on students and their families. Educators have been fearful to use a student’s middle name or even a Band-aid to help a hurt child. Every Texas child, regardless of their background, deserves the right to a quality education in a safe and affirming classroom. Instead, what lawmakers have accomplished is mass uncertainty for educators, parents, and districts across the state.
Our members are already seeing the negative effects of SB 12. From the very first day of school, SB 12 and the resulting confusion over its vague language have taken instructional time and have effectively chilled classroom instruction by pressuring educators to self-censor their teaching. Teachers continue to raise concerns about how the law will be enforced and what kinds of materials or discussions could trigger parental challenges. Civil rights groups have noted that the lack of clear standards may expose schools to costly litigation and put individual teachers’ jobs at risk. This so-called “Parents’ Bill of Rights” has only proven itself to be a source of confusion that interferes with students’ education.
Stay tuned to the Hotline for updates on this important legal challenge.
Free Speech Concerns Drive SB 12 Lawsuit
Advocates argue that the ongoing litigation highlights the need for lawmakers to prioritize policies that support, rather than undermine, public schools. Both lawsuits are still in early stages, but the outcomes could have sweeping implications for the boundaries of state authority over classroom content and religious expression.