ACLU, plaintiffs, seek injunction to SB 12 in Houston federal court

Hotline readers may remember that Texas AFT, along with the Genders and Sexualities Alliance Network (GSA), Students Engaged in Advancing Texas (SEAT), and three individuals including a teacher and two students, filed suit challenging the constitutionality of Senate Bill 12 back in August. This week, a federal court in Houston held a hearing on a preliminary injunction that would block the state from enforcing key provisions of SB 12, but a ruling has not yet been made.

The plaintiffs, represented by the ACLU of Texas, the Transgender Law Center, and Baker McKenzie, are seeking to block parts of SB 12, including provisions that:

• Ban programs relating to race, gender identity, and sexual orientation,

• Ban Gender and Sexuality Alliances,

• And inhibit educators' ability to support transgender students, including "assisting" a student's social transition by calling them by their chosen name.

Plaintiffs argue that these provisions are unconstitutional and violate the First and Fourteenth amendments.

"By requiring Texas AFT members to stop GSAs from meeting and to stop sharing information with students about race, gender, and sexual orientation, SB 12 puts our members in an untenable ethical dilemma. If these members are accused of violating the Texas Educators' Code of Ethics, they may face threats to their certifications or other disciplinary sanctions imposed by the State Board for Educator Certification (SBEC)."

- Excerpt from Texas AFT's declaration in the suit.

Plaintiff Adrian Moore, a Katy ISD senior, said at a press conference after the hearing that the law damages the connections between students by banning these support groups. Dale Melchert, attorney at the Transgender Law Center and member of counsel on the case, added: "SB 12 likewise harms teachers who want to do right by their students, like the many members of Texas AFT. … [SB 12] cuts off students' ability to ask teachers questions and receive information."

A ruling on the preliminary injunction, which would block aspects of the law from being enforced while the case is heard, is not expected for some time. Updates to this suit will be reported in the Hotline after the New Year.

WATCH: Post-hearing press conference outside United States Federal District Court.