Texas Senate approves ban on DEI, LGBTQ+ clubs in public schools

Texas Republicans are expanding their DEI ban from public universities to K-12 schools, despite a recent report highlighting the negative impacts of a DEI ban on college campuses.

The Texas Senate approved legislation extending the state’s ban on diversity, equity, and inclusion initiatives to more than 1,200 public school districts across the state.

Senate Bill 12, a legislative priority of Gov. Greg Abbott and Lt. Gov. Dan Patrick, is authored by Rep. Brandon Creighton, the powerful Republican lawmaker from Conroe who also sponsored the Senate’s $1 billion school voucher plan.

“Senate Bill 12 is about affirming what most of us believe to be common sense, preventing political agendas from creeping into the classroom, and ensuring that people who know what’s best for our kids, specifically their parents, have the strongest voice in their child’s education as it should be,” Creighton said on the Senate floor as the bill was up for vote.

Abbott issued an executive order banning DEI efforts in January and followed by calling for lawmakers to ban DEI programs during his State of the State address on Feb. 2.

“DEI agendas divide us rather than unite us and have no place in the state of Texas,” Abbott’s order read. “These radical policies deviate from constitutional principles and deny diverse thought.”

But diversity, equity, and inclusion initiatives — which have been around since the 1960s — aim to uplift an array of marginalized groups, including people with disabilities, veterans, families using IVF, first-generation students, white women, religious minorities, and even working parents. DEI also helps positively impact economic and business growth and close wage gaps.

“One of the biggest mistakes I think that we’ve made is wrapping up everything that’s included in diversity, equity, and inclusion into three initials,” said Zeph Capo, president of the Texas American Federation of Teachers.

The Senate approved SB 12 in a 20-11 party-line vote on March 19. It’s now headed to the Texas House for consideration. The bill bans the teaching of gender identity and sexual orientation, creates an avenue for parents to file complaints about violations, and requires districts to create policies for disciplining employees who engage in DEI-related tasks.

Critics of the legislation say it’s “disgusting” that lawmakers are taking the ban this far.

“This country was built on diversity, diverse opinions, and diverse religions,” Capo said. “But this is the first time that I’m aware of in our history that we’ve actively worked to make diversity and equity worse.”

The bill also prevents schools from developing policies or training that reference race, ethnicity, gender identity, or sexual orientation, and bans them from using DEI as a factor in hiring decisions.

“ If this goes to the governor’s office, it will make it illegal for school districts to try to increase the number of Black and Latino educators in our school system so that students have teachers that they find some commonalities with,” Capo said. “And frankly, it’s disgusting to take it that far.”

The bill text was amended in committee to prohibit school districts from authorizing or sponsoring student clubs based on sexual orientation or gender identity, meaning LGBTQ+ and gay-straight alliance groups will be prohibited in schools.

Felicia Martin, president and executive director of the Texas Freedom Network, said DEI programs and the student groups make schools safe and more inclusive.

“This session, the attacks haven’t stopped,” Martin said during an LGBTQ+ rally at the State Capitol on March 24. “As a parent and queer Texan, let me be honest. It fills me with rage, rage that instead of doing their job to fund and strengthen our public schools, lawmakers are targeting our kids.”

Sen. Borris Miles (D-Houston) debated with Creighton during the Senate floor vote over the bill’s potential impact on students of color and the racial inequities that already exist in public schools across Texas.

“You’re going to force these kids to conform and if the achievement gaps for minority students widen, you will look back to this bill as the start,” Miles said. “The state has demonized DEI, but I refuse to accept the narrative. Minority students have borne the brunt of the assault.”

Lawyers from the NAACP, university students, and other public education advocates testified against the bill, raising concerns over its impact on the mental health of LGBTQ+ students, stigmas against already underrepresented groups, and teacher recruitment.

“Students who would normally fall into what the law calls ‘protected classes’ will not see themselves in storybooks, library books, or even on STAR exams,” said Staci Childs, a Texas Board of Education member who represents District 4, which includes parts of Houston and Galveston County. 

“If you see names or scenarios that resonate with your culture, you’ll engage with it more. Especially coming down the K-12 pipeline, stories and curriculum that commit to making instruction and assessments culturally relevant are going to be gone if (DEI) gets banned,” Childs added.

The push to ban DEI in public schools comes after lawmakers passed SB 17 in 2023. The bill forced publicly funded colleges and universities across Texas to shut down DEI programs, initiatives, and training. It went into effect in early 2024.

And according to a recent report from Equality Texas, 65% of students and 78% of employees said that the law has negatively affected them by removing valuable resources and making them feel less safe on campus.

“ They want to divide us up because it’s easier for them to maintain power and control,” Capo said.