Texas sued over 'Don't Say Gay' law that bans LGBTQ+ student clubs

Texas is being sued over its "Don't Say Gay" law that not only bans discussions of sexual orientation and gender identity in classrooms, but goes even further by completely outlawing LGBTQ+ student clubs.

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The American Civil Liberties Union of Texas and Students Engaged in Advancing Texas (SEAT) announced Monday that they will be filing a lawsuit against Senate Bill 12. Signed into law by Republican Gov. Greg Abbott on Friday, the law is scheduled to take effect September 1 and be implemented in the 2025-2026 school year.

S.B. 12 flatly states that "a school district or open-enrollment charter school may not authorize or sponsor a student club based on sexual orientation or gender identity." The law bans all diversity, equity, and inclusion initiatives, which it incorrectly defines as "differential treatment" based on race.

The bill also contains a forced outing policy "prohibiting an employee of the district from assisting a student enrolled in the district with social transitioning," which it defines as "a person’s transition from the person’s biological sex at birth to the opposite biological sex through the adoption of a different name, different pronouns, or other expressions of gender that deny or encourage a denial of the person’s biological sex at birth."

“This ban on education harms Texas schools by shutting down important discussions and programs that mention race, ethnicity, gender identity, and sexual orientation,” Brian Klosterboer, senior staff attorney at the ACLU of Texas, said in a statement. “Students should be free to learn about themselves and the world around them, but S.B. 12 aims to punish kids for being who they are and ban teachers from supporting them. It sends the false message that Black, Brown, LGBTQIA+, and other students don’t belong in the classroom or in our state."

The law is similar to Florida's colloquially named "Don't Say Gay" bill which prohibited public school staff from discussing LGBTQ+ identities in any capacity. Texas' S.B. 12 states that "a school district, open-enrollment charter school, or district or charter school employee may not provide or allow a third party to provide instruction, guidance, activities, or programming regarding sexual orientation or gender identity to students enrolled in prekindergarten through 12th grade."

Florida was forced to overturn several key aspects of its "Don't Say Gay" law in March of last year after reaching a settlement in a lawsuit brought by LGBTQ+ advocates. The settlement clarified that the law does not forbid conversations about LGBTQ+ individuals, nor does it block the implementation of anti-bullying initiatives based on sexual orientation and gender identity. Additionally, it does not prohibit the formation of Gay-Straight Alliance groups or other LGBTQ+ student clubs.

“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,” said Cameron Samuels, executive director for SEAT. “State leaders have been in the business of manufacturing problems that don’t exist – such as stoking fear against Diversity, Equity, and Inclusion – to ignore the solutions that students need and deserve. And barring student organizations and teachers from supporting LGBTQIA+ young people, particularly trans and nonbinary students, is inflicting even more harm and making our schools unsafe and unjust."

"As students, Texas must not exclude us from the narrative or decision-making in curricula," Samuels continued. "We are here to ensure that inclusive public education is a cornerstone to our state’s pluralistic and multicultural democracy.”