LGBTQ+ Texans fought to be recognized. That work is eroding under a conservative pressure campaign.

Read more at The Texas Tribune.

Arlington Mayor Jim Ross stood under the June sun and delivered an impassioned speech in front of a crowd awash in rainbows and glitter.

“You know Martin Luther King taught us way back in the ‘60s, that there’s only one thing strong enough to overcome hate,” the North Texas mayor said.

“Love! Love!” the crowd gathered at the city’s annual Pride celebration shouted, answering his call.

His faith, he continued, instructed him to love his neighbor regardless of their differences.

“So I wanted to come here and say thank you for loving us,” he said. “And I love you!”

Five months later, Ross faced a similar crowd at City Hall on Oct. 14. There was no love in the room.

The Dallas-area suburb was — in an effort to comply with new presidential executive orders — considering eliminating the city’s protections for LGBTQ+ people that prohibit employers and any business providing accommodation from discriminating against them.

More than $60 million in federal funds for parks, roads and public safety were at stake, city leaders said.

“It’s a horrible balancing attempt,” Ross said in a recent interview with The Texas Tribune, referring to protecting the city’s budget and its residents.

Other Texas cities, including Dallas and Fort Worth, have revised city policies and ended programs that comply with Trump’s executive orders that end diversity and inclusion efforts. Arlington is believed to be the first city to consider ending explicit protections for LGBTQ+ residents.

The City Council tabled its vote and is expected to revisit the issue Monday night. The impending vote is the result of a pressure campaign waged by conservative activists, state Republican lawmakers and the White House to roll back protections for LGBTQ+ people they say are unfair and harm women and children.

LGBTQ+ advocates, meanwhile, argue that such revisions push residents further away from public life. And these decisions erode the recognition and acceptance this community worked for decades to secure.

Texas — like many states — has a long history of criminalizing certain acts by LGBTQ+ people. While the U.S. Supreme Court has overturned sodomy laws and legalized same-sex marriage, Texas state lawmakers and Gov. Greg Abbott have since 2023 sought to undo those victories by passing a suite of laws that put new limits on how LGBTQ+ people live their lives and express their identities in public.

Meanwhile, at the federal level, President Donald Trump has, since returning to office in January, instructed government agencies to remove words and phrases associated with diversity, race and transgender people — exerting the full strength of the federal government across the U.S. to achieve its agenda.

It’s those executive orders that triggered the Arlington City Council to review its policies, which LGBTQ+ advocates fought to put in place to provide protections that don’t exist at the state and federal levels.

Brad Pritchett, interim CEO of Equality Texas, one of the state’s oldest advocacy groups, said the policies at the city level are one of this community’s few available safeguard.

“It has fallen on local municipalities to find a way to protect the folks that live in their communities,” he said. “And I think when we see these types of non-discrimination laws passed at the local level, what that’s really doing is sending a message to the residents of these cities that who you are should not impact whether or not you have a job, a roof over your head, or can access basic services.”

Many of the recent efforts to curtail the LGBTQ+ community have been largely targeted toward transgender people. However, Pritchett said the Arlington debate shows more is on the line for all LGBTQ+ people.

“When they shift their gaze to another group of people that they don’t like,” he said, “they’ve proven that they can weaponize government to harm anyone they want.”

Conservative leaders say they aim to reset an imbalance pushed by former Democratic presidential administrations and to protect women. Passing these laws and executive orders, conservatives argue, is a necessary step toward acknowledging the differences between the two genders.

“I think what’s been missing a lot of times from the opposition is the recognition of the rights of women and the vulnerability that women have in these private spaces,” said Mary Elizabeth Castle, director of government relations at Texas Values, a statewide nonprofit that advocates to end abortion, expand religious liberties, and other conservative causes. “It’s very important to have that in law because the dignity of the two sexes is not recognized. A lot of rights and modesty that belong to women are diminished.”

“I promised to obey the law”

Ross, the Arlington mayor, first learned the city might have to revisit its anti-discrimination policies when the city’s lawyer told him the municipality lost out on a $50,000 federal grant because a certain policy used the word “inclusive.”

Ignoring Trump’s orders could come at too great an economic loss for the city. And his job is to obey the law, he said.

“I took an oath, and I promised to obey the law,” Ross said. “I didn’t say I’ll follow the law unless I disagree with it, so I’m torn. I don’t want to do things that are harmful to any part of our community or that paint the perception that we don’t love every single person here.”

To be sure, executive orders are not laws. They serve as marching orders for agencies across state and local governments, said Cathryn Oakley, senior director of legal policy at the Human Rights Campaign, a nationwide LGBTQ+ advocacy group.

The manner in which the Trump administration has issued its orders is meant to intimidate and bully, Oakley said.

“It’s really frustrating if you’re a person who cares about the rule of law,” Oakley said. “It is not clear how folks are supposed to implement these things, and it sets up this culture of fear and intimidation because there’s no safe harbor. Either the president will come after you, or the governor will come after you.”

Presidents of both political parties have used executive orders increasingly to drive policy outcomes. For example, President Joe Biden used executive orders to push a climate-friendly agenda and diversity efforts in the wake of the 2020 Black Lives Matter movement.

Sherry Sylvester, a senior fellow at the conservative Texas Public Policy Foundation, said rolling back Biden-era DEI efforts was a return to the status quo — and fundamentally American.

“When you remove Diversity, Equity and Inclusion policies from agencies, universities and public schools, all you’re saying is all decisions must be made on merit,” Sylvester said. “When you interview people for a job, you’ve hired a person who is most qualified for the job. You get no points if you’re African American, no points if you’re female, no points if you have a gender identity based on your sexual preference.”

Executive orders are meant to spur local governments to act quickly and comply to win much-needed capital to keep their cities operating. Conservatives supporting Trump’s efforts say the tactic began with former President Barack Obama.

In 2011, Obama issued a directive intended to crack down on sexual violence in public schools and universities. In 2016, the U.S. Department of Education updated those rules and said that schools receiving federal funding had to respect a transgender student’s gender identity, which Castle said sparked a movement to oppose such acknowledgements, including in Texas.

In 2017, the Texas Legislature attempted to pass a bill restricting transgender people’s access to restrooms. It died in the legislative process. With Trump back in office this year, the movement to regulate transgender people’s actions in public gained momentum and lawmakers passed a bill restricting the restrooms transgender people can use in government buildings and schools. Castle insisted that such a bill would promote safety in restrooms.

“No one is being denied going to the restroom,” Castle said. “They just have to go to the restroom based on their biological gender.”

The result of Trump’s orders naming transgender people undermines decades of work by the LGBTQ+, the scientific and medical community to participate in public life, said Elana Redfield, federal policy director for UCLA’s School of Law. And they undermine years of scientific research that helped governments and communities understand transgender people’s place in society.

“We can’t function in society without bathrooms,” Redfield said. “It’s very difficult to have a job, take public transportation, travel long distances, go shopping, or do anything without access to bathrooms. These kinds of laws really do have the potential to deeply, deeply exclude transgender people from all aspects of society.”

A renewed movement for queer equity

LGBTQ+ Texans are familiar with laws regulating their right to exist publicly and have fought for an equal standing with everyone else for just as long. The modern movement can be traced back to the 1960s, said Wesley Phelps, a historian at the University of North Texas whose focus is the LGBTQ+ community in the south.

At the time, Texas advocates fought sodomy laws banning sex for gay men and lesbian women.

“There were activists all over Texas who understood that as long as that sodomy law was on the books, as long as it was illegal to engage in sex with someone of the same sex, queer people would always wear that stigma of criminality,” Phelps said. “You could be denied employment, you could be denied housing, you could be denied food stamp assistance, because if you were gay, you were an admitted criminal.”

By the 1970s, advocacy groups had been established in major cities, including Dallas and Houston. And in these cities, activists formed political advocacy groups. The sentiment eventually spread farther, reaching Austin, San Antonio and El Paso. Part of that movement included adding local protections to city charters that prohibited housing and employment discrimination that don’t exist at the state or federal level.

And in 2003, the Texas Supreme Court ruled the sodomy law unconstitutional.

The push to eliminate protections for the broader LGBTQ+ community will trigger a backlash, Phelps said.

“I think things like that have reignited a movement for queer equality today,” Phelps said. “It’s not just that we’re entering a period where it’s going to be difficult to win victories, but the ones already achieved are under threat.”

Many Texans told The Texas Tribune that they plan to stay put, regardless of the policies seeking to regulate their everyday lives. They are turning to optimism and each other, reminding themselves of their right to live openly, they said.

In Houston, Daron Yanez Perez hosts support groups for transgender men. Trans Men Empowerment, which he founded in 2023, has more than 200 members and hosts meetings in person and online. As part of the programming, Perez invites policy and mental health experts who help the members understand how the policies affect them.

Many of Perez’s members are reluctant to use public restrooms, he said, out of fear for their safety. Perez said he would not use the women’s restroom because he does not think women would feel comfortable sharing a restroom with him.

“They’re using restrooms to go after us because they don’t like us, but we’re not going anywhere, we’ve always been here,” Perez said.

In Dallas, Javier Enriquez helps LGBTQ+ people who struggle with loneliness. Enriquez, who is president of the Dallas Social Queer Association, hosts about a dozen events a month. Up to 40 attended each event, which include gay trivia and activities tailored for disabled, elderly people, Hispanic and Asian Pacific Islanders who identify as LGBTQ+.

Enriquez said directives that spell out limits for transgender people and rainbow crosswalks are a distraction from real issues like potholes and unmet trash service. And LGBTQ+ Texans as a community are used to enact that distraction, he said. The resources spent on removing the rainbow colors from the crosswalks, he said, could be put to better use on the city’s infrastructure.

Still, he acknowledged that the orders have instilled fear.

“There are people, especially our transgender siblings, who are worried about being able to call Dallas their home with everything going on, and not all of them have the privilege of the resources to be able to move out,” he said. “And to some of them, this is home, where they built their lives and families… and despite what happens in this world, we are here and we aren’t going anywhere.”

Texas State Board of Education advisers signal push to the right in social studies overhaul

Read more at Texas Tribune.

The Texas State Board of Education is reshaping how public schools will teach social studies for years to come, but its recent selection of the panelists who will advise members during the process is causing concern among educators, historians and both Democrats and Republicans, who say the panel’s composition is further indication that the state wants to prioritize hard-right conservative viewpoints.

The Republican-dominated education board earlier this year officially launched the process of redesigning Texas’ social studies standards, which outline in detail what students should know by the time of graduation. The group, which will meet again in mid-November, is aiming to finalize the standards by next summer, with classroom implementation expected in 2030.

The 15 members in September agreed on the instructional framework schools will use in each grade to teach social studies, already marking a drastic shift away from Texas’ current approach. The board settled on a plan with a heavy focus on Texas and U.S. history and less emphasis on world history, geography and cultures. Conservative groups like Texas Public Policy Foundation and the Heritage Foundation championed the framework, while educators largely opposed it. 

In the weeks that followed, the board selected a panel of nine advisers who will offer feedback and recommendations during the process. The panel appears to include only one person currently working in a Texas public school district and has at least three people associated with far-right conservative activism. That includes individuals who have criticized diversity efforts, questioned school lessons highlighting the historical contributions of people of color, and promoted beliefs debunked by historians that America was founded as a Christian nation. 

That group includes David Barton, a far-right conservative Christian activist who gained national prominence arguing against common interpretations of the First Amendment’s establishment clause, which prevents the government from endorsing or promoting a religion. Barton believes that America was founded as a Christian nation, which many historians have disproven. 

Critics of Barton’s work have pointed to his lack of formal historical training and a book he authored over a decade ago, “The Jefferson Lies,” that was pulled from the shelves due to historical details “that were not adequately supported.” Brandon Hall, an Aledo Republican who co-appointed Barton, has defended the decision, saying it reflected the perspectives and priorities of his district. 

Another panelist is Jordan Adams, a self-described independent education consultant who holds degrees from Hillsdale College, a Michigan-based campus known nationally for its hard-right political advocacy and efforts to shape classroom instruction in a conservative Christian vision. Adams’ desire to flip school boards and overhaul social studies instruction in other states has drawn community backlash over recommendations on books and curriculum that many felt reflected his political bias. 

Adams has proclaimed that “there is no such thing” as expertise, describing it as a label to “shut down any type of dialogue and pretend that you can’t use your own brain to figure things out.” He has called on school boards to craft policies to eliminate student surveys, diversity efforts and what he considers “critical race theory,” a college-level academic and legal framework examining how racism is embedded in laws, policies and institutions. Critical race theory is not taught in K-12 public schools but has become a shorthand for conservative criticism of how schools teach children about race.

In an emailed response to questions from The Texas Tribune, Adams pointed to his earlier career experience as a teacher and said he understands “what constitutes quality teaching.” Adams also said he wants to ensure “Texan students are taught using the best history and civics standards in America” and that he views the purpose of social studies as forming “wise and virtuous citizens who know and love their country.”

“Every teacher in America falls somewhere along the political spectrum, and all are expected to set their personal views aside when teaching. The same goes for myself and my fellow content advisors,” Adams said. “Of course, given that this is public education, any efforts must support the U.S. Constitution and Texas Constitution, principles of the American founding, and the perpetuation of the American experiment in free self-government.” 

Republicans Aaron Kinsey and LJ Francis, who co-appointed Adams, could not be reached for interviews. 

David Randall, executive director of the Civics Alliance and research director of the National Association of Scholars, was also appointed a content adviser. He has criticized standards he felt were “animated by a radical identity-politics ideology” and hostile to America and “groups such as whites, men, and Christians.” Randall has written that vocabulary emphasizing “systemic racism, power, bias, and diversity” cannot coexist with “inquiry into truth — much less affection for America.” He has called the exclusion of the Bible and Christianity in social studies instruction “bizarre,” adding that no one “should find anything controversial” about teaching the role of “Judeo-Christian values” in colonial North America. 

Randall told the Tribune in an email that his goal is to advise Texas “as best I can.” He did not respond to questions about his expertise and how he would work to ensure his personal beliefs do not bleed into the social studies revisions. 

Randall was appointed by Republican board members Evelyn Brooks and Audrey Young, both of whom told the Tribune that they chose him not because of his political views but because of his national expertise in history and civics, which they think can help Texas improve social studies instruction. 

“I really can’t sit here and say that I agree with everything he has said. I don’t even know everything that he has said.” Brooks said. “What I can say is that I can refer to his work. I can say that he emphasizes integrating civics.” 

The advisory panel also consists of a social studies curriculum coordinator in the Prosper school district and university professors with expertise ranging from philosophy to military studies. The group notably includes Kate Rogers, former president of the Alamo Trust, who recently resigned from her San Antonio post after Lt. Gov. Dan Patrick criticized her over views she expressed in a doctoral dissertation suggesting she disagreed with state laws restricting classroom instruction on race and slavery. 

Seven of the content advisers were selected by two State Board of Education members each, while Texas’ Commissioner of Higher Education Wynn Rosser chose the two other panelists. Board member Tiffany Clark, a Democrat, did not appoint an adviser, and she told the Tribune that she plans to hold a press conference during the board’s November meeting to address what happened. 

Staci Childs, a Democrat from Houston serving on the State Board of Education, said she had anticipated that the content advisory group would include “extremely conservative people.” But her colleagues’ choices, she said, make her feel like “kids are not at the forefront right now.” 

Pam Little, who is the board’s vice chair, is one of two members who appear to have chosen the only content adviser with active experience working in a Texas K-12 public school district. The Fairview Republican called the makeup of the advisory panel “disappointing.” 

“I think it signals that we’re going in a direction where we teach students what we want them to know, rather than what really happened,” Little said. 

The board’s recent decisions show that some members are more focused “on promoting political agendas rather than teaching the truth,” said Rocío Fierro-Pérez, political director of the Texas Freedom Network, a progressive advocacy organization that monitors the State Board of Education’s decisions.

“Whether your political beliefs are conservative, liberal, or middle of the road really shouldn’t disqualify you from participating in the process to overhaul these social studies standards,” Fierro-Pérez said. “But it’s wildly inappropriate to appoint unqualified political activists and professional advocates with their own agendas, in leading roles and guiding what millions of Texas kids are going to be learning in classrooms.” 

Other board members and content advisers insist that it is too early in the process to make such judgments. They say those discussions should wait until the actual writing of the standards takes place, which is when the board can directly address concerns about the new framework. 

They also note that while content advisers play an integral role in offering guidance, the process will include groups of educators who help write the standards. State Board of Education members will then make final decisions. Recent years have shown that even those within the board’s 10-member Republican majority often disagree with one another, making the final result of the social studies revisions difficult to predict. 

Donald Frazier, a Texas historian at Schreiner University in Kerrville and chair of Texas’ 1836 Project advisory committee, who was also appointed a content adviser, said that based on the panelists’ conversations so far, “I think that there’s a lot more there than may meet the eye.” 

“There’s people that have thought about things like pedagogy and how children learn and educational theory, all the way through this panel,” Frazier said. “There’s always going to be hand-wringing and pearl-clutching and double-guessing and second-guessing. We’ve got to keep our eye on the students of Texas and what we want these kids to be able to do when they graduate to become functioning members of our society.” 

The makeup of the advisory panel and the Texas-heavy instructional framework approved in September is the latest sign of frustration among conservative Republicans who often criticize how public schools approach topics like race and gender. They have passed laws in recent years placing restrictions on how educators can discuss those topics and pushed for instruction to more heavily emphasize American patriotism and exceptionalism. 

Under the new framework, kindergarteners through second graders will learn about the key people, places and events throughout Texas and U.S. history. The plan will weave together in chronological order lessons on the development of Western civilization, the U.S., and Texas during grades 3-8, with significant attention on Texas and the U.S. after fifth grade. Eighth-grade instruction will prioritize Texas, as opposed to the broader focus on national history that currently exists. The framework also eliminates the sixth-grade world cultures course. 

When lessons across all grades are combined, Texas will by far receive the most attention, while world history will receive the least. 

During a public comment period for the plan, educators criticized its lack of attention to geography and cultures outside of America. They opposed how it divides instruction on Texas, U.S. and world history into percentages every school year, as opposed to providing students an entire grade to fully grasp one or two social studies concepts at a time. They said the plan’s strict chronological structure could disrupt how kids identify historical trends and cause-and-effect relationships, which can happen more effectively through a thematic instructional approach.  

But that criticism did not travel far with some Republicans, who argue that drastic changes in education will almost always prompt negative responses from educators accustomed to teaching a certain way. They point to standardized test results showing less than half of Texas students performing at grade level in social studies as evidence that the current instructional approach is not working. They also believe the politicization of education began long before the social studies overhaul, but in a way that prioritizes left-leaning perspectives. 

“Unfortunately, I think it boils down to this: What’s the alternative?” said Matthew McCormick, education director of the conservative Texas Public Policy Foundation. “It always seems to come down to, if it’s not maximally left-wing, then it’s conservative indoctrination. That’s my perspective. What is the alternative to the political and policymaking process? Is it to let teachers do whatever they want? Is it to let the side that lost the elections do what they want? I’m not sure. There’s going to be judgments about these sorts of things.” 

This is not the first time the board has garnered attention for its efforts to reshape social studies instruction. The group in 2022 delayed revisions to the standards after pressure from Republican lawmakers who complained that they downplayed Texan and American exceptionalism and amounted to far-left indoctrination. Texas was also in the national spotlight roughly a dozen years prior for the board’s approval of standards that reflected conservative viewpoints on topics like religion and economics. 

Social studies teachers share the sentiment that Texas can do a better job equipping students with knowledge about history, geography, economics and civics, but many push back on the notion that they’re training children to adhere to a particular belief system. With challenges like budget shortfalls and increased class sizes, they say it is shortsighted to blame Texas’ academic shortcomings on educators or the current learning standards — not to mention that social studies instruction often takes a backseat to subjects like reading and math. 

“I think we’re giving a lot more credit to this idea that we’re using some sort of political motivation to teach. We teach the standards. The standards are there. That’s what we teach,” said Courtney Williamson, an eighth-grade social studies teacher at a school district northwest of Austin. 

When students graduate, some will compete for global jobs. Others may go to colleges across the U.S. or even internationally. That highlights the importance, educators say, of providing students with a broad understanding of the world around them and teaching them how to think critically. 

But with the recent moves requiring a significant overhaul of current instruction — a process that will likely prove labor-intensive and costly — some educators suspect that Texas leaders’ end goal is to establish a public education system heavily reliant on state-developed curricula and training. That’s the only way some can make sense of the new teaching framework or the makeup of the content advisory panel. 

“I’m really starting to notice an atmosphere of fear from a lot of people in education, both teachers and, I think, people higher up in districts,” said Amy Ceritelli-Plouff, a sixth-grade world cultures teacher in North Texas. “When you study history, you look at prior conflicts and times in our history when there has been extremism and maybe too much government control or involvement in things; it starts with censoring and controlling education.” 

Texas A&M System to vote on requiring prior approval for lessons on “race and gender ideology”

Read more at Texas Tribune.

The Texas A&M University System’s board of regents will vote on Thursday on whether to prohibit faculty at its 12 universities from teaching “race or gender ideology” unless those lessons are pre-approved by each campus president or a delegate.

The proposal appears to be the first time that a Texas public university system offers definitions of what kind of instruction related to race and gender should not be permitted. 

“Race ideology,” the draft of the proposal says, would encompass any concept that “attempts to shame a particular race or ethnicity” or “promotes activism on issues related to race or ethnicity rather than academic instruction.” The proposal would define “gender ideology” as “a concept of self-assessed gender identity replacing, and disconnected from, the biological category of sex.” 

The policy does not say how the university would decide what constitutes “race ideology” or “gender ideology,” or what would happen if a faculty member is accused of violating the rule. A Texas A&M University System spokesperson did not respond to a request for comment.

The regents’ Committee on Academic and Student Affairs will hear presentations and consider the proposed policy on Thursday morning, according to the agenda for the meeting. The full board of regents will take public testimony on the proposal and vote on it later that day. The meeting will be livestreamed and the public is invited to testify.



Leonard Bright, president of the Texas A&M Chapter of the American Association of University Professors, said faculty were not consulted on the proposed changes, which he called “a direct violation” of their expertise and freedom to teach. 

“And if that’s the case, there’s just going to be a further black eye on higher education here in Texas,” he said.

Robert Shilby, special counsel for campus advocacy at the Foundation for Individual Rights and Expression, said the proposal would “invite unlawful censorship, chill academic freedom, and undermine the core purpose of a university,”

“Hiring professors with PhDs is meaningless if administrators are the ones deciding what gets taught,” he said. “Faculty will start asking not, ‘Is this accurate?’ but ‘Will this get me in trouble?’ That’s not education, it’s risk management.”

In a Monday email to faculty, Simon North, interim dean of Texas A&M’s College of Arts and Sciences, acknowledged that the proposal raised many questions about its implementation, “such as the criteria that will determine when course content is considered relevant, controversial, or inconsistent with a syllabus; the mechanisms by which course material would be approved and compliance evaluated; and the timing of implementation.” He added that he is working with the provost’s office to answer those questions and that he will seek input on the proposal from other leaders in the college and department heads. 

“Approval of these revisions could have far-reaching implications for undergraduate education, and the scope of the implications will depend on the answers to these questions,” North said.

Faculty are already signaling they will show up in force to the regents’ meeting to push back against the proposal. Bright, a professor at Texas A&M’s Bush School of Government and Public Service, said professors are organizing testimony, drafting statements and coordinating with colleagues across Texas to oppose the revisions. 

He said the policy would affect disciplines across the university — from political science and history to public service and biology — and that some faculty fear it would shift control over classroom content from faculty to administrators. He added that some of his colleagues believe the revisions are an attempt to “institutionalize indoctrination” and that if the proposed changes are approved, they will likely be challenged in court.

The proposed prohibition comes two months after the system’s College Station flagship fired Professor Melissa McCoul, whose discussion of gender identity in a children’s literature class was secretly recorded by a student and later circulated online, drawing fire from Republican lawmakers and ultimately toppling the university’s former president

Since McCoul’s firing, other university systems have begun imposing their own restrictions on classroom content. 

On Sept. 25, the Texas Tech University System instructed its faculty to ensure their courses comply with a federal executive order, a letter from Gov. Greg Abbott and a new state law that recognizes only two sexes. In the weeks that followed, Texas’ other public university systems — including the University of Texas, University of North Texas, Texas State and Texas Woman’s University — announced or began internal audits of their course offerings. All said they were acting to ensure compliance with state or federal law, though few detailed what they were looking for or what changes might follow. 

No state or federal law prohibits instruction on race, gender or sexual orientation in universities. However, recent state legislation has put direct and indirect pressure on how universities implement policies related to race and gender. 

In 2023, the Texas Legislature approved Senate Bill 17, which banned diversity, equity and inclusion offices and initiatives at the state’s public universities. Earlier this year, lawmakers approved Senate Bill 37, which gave governor-appointed university regents the final say on whether to approve new courses and prohibited lessons that “advocate or promote the idea that any race, sex, or ethnicity or any religious belief is inherently superior to any other.” An earlier version of the legislation would have required that college courses “not endorse specific public policies, ideologies or legislation,” but the proposal was narrowed down after pushback from professors who said such a restriction would lead to self-censorship and infringe on academic freedom. 

The Texas A&M Board of Regents will also consider on Thursday a new policy that would bar faculty from teaching material “inconsistent with the approved syllabus for the course.” The clause mirrors the reason university officials gave McCoul for firing her. They said she refused to change her course content to match the catalog description, but McCoul and other faculty have countered that course descriptions are often broad and that professors are expected to design their own syllabi and teach according to their expertise.

McCoul has appealed her termination through the university’s Committee on Academic Freedom, Responsibility and Tenure, which concluded its hearing last week. The committee is expected to share a recommendation with interim university President Tommy Williams in the coming weeks on how to respond to McCoul’s appeal, but Williams is not obligated to follow it.

Federal appeals court revives Texas’ drag ban and lifts injunction

Read more at LGBTQ Nation.

A U.S. Court of Appeals just reversed a ruling made by a District Court judge in 2023, overturning his permanent injunction against Texas’ wide-reaching and vaguely worded drag ban, which the judge claimed infringed on First Amendment rights.

The plaintiffs in The Woodlands v. Paxton issued a joint statement, saying, “Today’s decision is heartbreaking for drag performers, small businesses, and every Texan who believes in free expression. Drag is not a crime. It is art, joy, and resistance — a vital part of our culture and our communities. We are devastated by this setback, but we are not defeated. […] We will not stop until this unconstitutional law is struck down for good.”

Texas S.B. 12 was signed into law in June 2023 by Gov. Greg Abbott (R) and was set to go into effect on September 1 of the same year. While the bill ostensibly made it a crime to provide “sexually oriented performances” in a commercial space, on public property, or in the presence of minors, the language of the bill and the rhetoric around it made it clear that it was intended to target drag shows in particular.

The law was quickly challenged by LGBTQ+ advocacy groups and drag groups, including The Woodlands Pride, Abilene Pride Alliance, and 360 Queen Entertainment. The case of The Woodlands v. Paxton went to U.S. District Court Judge David Hittner, who originally placed a temporary injunction on the law when plaintiffs’ arguments made it clear that the bill would impinge their First Amendment rights if it was allowed to go into effect. Hittner then doubled down by extending the injunction and then making it permanent in September 2023.

At the time, Hittner wrote that the bill “impermissibly infringes on the First Amendment and chills free speech,” while making it clear that he felt the bill discriminated on point of view, was overly broad, and vague. “Not all people will like or condone certain performances,” Hittner continued in his original decision. “This is no different than a person’s opinion on certain comedy or genres of music, but that alone does not strip First Amendment protection.”

The U.S. Court of Appeals for the Fifth Circuit made a majority ruling today to reverse Hittner’s ruling and remanded the case back to his court. The justices declared that most of the plaintiffs in the case did not have the requisite standing to bring the lawsuit in the first place, as they found the performances of The Woodlands Pride and Abilene Pride insufficiently sexual to have a real risk of punishment under the law’s wording.

They now require that Hittner revisit the case, focusing only on the claims from 360 Queen Entertainment, whose performances include simulated sexual acts and include other features more likely to be targeted by S.B. 12. They are also requiring Hittner to make his new decision under the standard established in the Supreme Court case for Moody v. NetChoice, which set the precedent for First Amendment challenges to only be viable if the law is unconstitutional more than it is constitutional.

One of the Appeals Court judges partially dissented, presenting concerns that the decision “turns a blind eye to the Texas Legislature’s avowed purpose: a statewide ‘drag ban.’” In doing so, he highlighted the rhetoric used by Republicans during the bill’s passage, which clearly expressed their intent, regardless of the letter of the law.

Both Texas and many of its cities already have laws on the books that protect minors from witnessing sexually explicit performances. Gov. Abbott shared on X/Twitter an article titled “Texas Governor Signs Law Banning Drag Performances in Public,” adding the words “That’s right.” Similarly, Lt. Gov. Dan Patrick (R) said it was to “ban children’s exposure to drag shows.” The author of the bill, state Sen. Bryan Hughes (R), provided “drag shows” as an example of the “sexually explicit performances” that would be prohibited.

While the intent is clear from the comments of those involved, the bill’s original text demonstrates the motivations that underpinned it. An earlier version of the bill has a line under the definitions of “features” in “sexual conduct” that includes “a male performer exhibiting as a female, or a female performer exhibiting as a male, who uses clothing, makeup, or other similar physical markers and who sings, lip syncs, dances, or otherwise performs before an audience.” That definition would include everything from Tom Holland’s Lip Sync Battle appearance to cosplayers.

The House Committee report from May 26, 2023, shows the line removed. Instead, the definition of “sexually oriented performances” is edited to include “exhibition of sexual gesticulations using accessories or prosthetics that exaggerate male or female sexual characteristics,” which clearly targets breast forms and packers common in drag shows.

Texas will now let judges refuse to marry same-sex couples if it goes against their religion

Read more at LGBTQ Nation.

The Texas Supreme Court on Friday gave judges in the state a pass if they don’t want to marry same-sex couples, unilaterally granting public officials the right to discriminate against queer couples.

In an end run around equal protection concerns, the high court amended the Texas Code of Judicial Conduct to read, “It is not a violation of these canons for a judge to publicly refrain from performing a wedding ceremony based upon a sincerely held religious belief.”

The change follows years of litigation that inspired a lawsuit by a county judge in Texas asking federal courts to declare that Texas law does not and cannot punish him for his practice of officiating opposite-sex, but not same-sex, marriages in the state.

Jack County Judge Brian Umphress, who sued in 2020 because he only wanted to perform weddings for opposite-sex couples, argued that his conduct would run afoul of the Texas State Commission on Judicial Conduct, despite protections he believed he enjoyed consistent with his religious freedom rights under the First and Fourteenth Amendments, Houston Public Media reports.

In response, the U.S. Court of Appeals for the Fifth Circuit put the lower federal-court proceedings on hold and asked the Texas Supreme Court to answer the question, “Does Canon 4A(1) of the Texas Code of Judicial Conduct prohibit judges from publicly refusing, for moral or religious reasons, to perform same-sex weddings while continuing to perform opposite-sex weddings?” That part of the code requires judges to refrain from behavior that would “cast reasonable doubt on the judge’s capacity to act impartially as a judge.”

The high court’s answer came with the amended code of conduct, bypassing public argument.  

Judge Umphress’ fear of sanction for his discriminatory conduct was based on the case of McLennan County Justice of the Peace Dianne Hensley in Waco, who spent years in court arguing she had a right to refuse to marry gay couples.

Hensley replied to requests from gay couples with a statement that read, “I’m sorry, but Judge Hensley has a sincerely held religious belief as a Christian, and will not be able to perform any same-sex weddings.”

That conduct earned a public warning from the Judicial Conduct Commission, which said Hensley was violating a requirement that justices of the peace be impartial, even in extrajudicial duties like officiating weddings.

Her refusal to treat LGBTQ+ people equally cast “doubt on her capacity to act impartially to persons appearing before her as a judge due to the person’s sexual orientation,” the commission wrote.

Hensley claimed that no one’s rights were denied since a same-sex couple could have found another judge to marry them, despite the fact that she was the only justice of the peace performing marriages in Waco at the time.

Hensley filed a lawsuit against the commission with help from the First Liberty Institute, a Texas-based anti-LGBTQ+ legal organization, arguing for protections under the Texas Religious Freedom Restoration Act. The commission eventually dismissed its sanction a few months after the Texas Supreme Court allowed Hensley’s case to proceed.

That decision from the Texas high court earned Hensley a supportive concurring opinion from the chief justice, who publicly supported the Waco judge before his appointment.

“Judge Hensley treated them respectfully,” Chief Justice Jimmy Blacklock wrote of the couples she refused to marry. “They got married nearby. They went about their lives. Judge Hensley went back to work, her Christian conscience clean, her knees bent only to her God. Sounds like a win-win.”

Jason Mazzone, a law professor at the University of Illinois at Urbana-Champaign who’s familiar with both cases, said the Texas Supreme Court’s code of conduct workaround still leaves open the possibility for a gay couple with standing to challenge a judge’s decision not to marry them on constitutional equal protection grounds.

“One of the claims that I think will be made in response to litigation that is likely is that, ‘Well, there are other people who can perform the wedding ceremony, so you can’t insist that a particular judge do it,’” Mazzone said. “But that, of course, is not how equal protection works, and it’s not how we expect government officials to operate.”

Republican official sued a Texas doctor for treating trans kids. She left the state.

Read more at LGBTQ Nation.

A Dallas pediatrician who became the first doctor to be sued under a Texas law banning gender-affirming care for minors has given up her license to practice in the state.

According to TownFlex, the Texas Medical Board confirmed that Dr. May Lau voluntarily surrendered her medical license. In a statement, Lau’s attorney, Craig Smyser, said that she has decided to move her practice to Oregon and sees no reason to maintain her license to practice in Texas.

Last year, Texas Attorney General Ken Paxton (R) filed a first-of-its-kind lawsuit against Lau for allegedly providing gender-affirming care to minors in violation of S.B. 14. The state law, which went into effect in September 2023, bans doctors from prescribing hormone replacement therapy and puberty blockers to minors, and from performing gender-affirming surgery on minors.

Paxton’s suit accused Lau of prescribing hormone replacement therapy to at least 21 minors between October 2023 and August 2024. It further alleged that Lau “used false diagnoses and billing codes to mask these unlawful prescriptions.”

Notably, Paxton’s suit falsely referred to gender-affirming care as “dangerous and experimental” and a press release from his office claimed that there is “no scientific evidence” to support the benefits of gender-affirming medication.

In fact, puberty blockers and hormone replacement drugs have for decades been used safely for the purposes of gender transition in trans minors and to treat other medical issues in cisgender children. Gender-affirming care, which encompasses a range of both surgical and nonsurgical treatments, has been endorsed by every major American medical association and leading world health authority as evidence-based, safe, and in some cases lifesaving for transgender minors. Gender-affirming surgical intervention is rarely performed on minors.

In his statement, Smyser said that Lau “continues to deny the Texas Attorney General’s politically- and ideologically-driven allegations,” according to TownFlex.

Paxton, meanwhile, said that Lau’s surrender of her medical license was “a major victory for our state.”

“Doctors who permanently hurt kids by giving them experimental drugs are nothing more than disturbed left-wing activists who have no business being in the medical field. We will not relent in holding anyone who tries to ‘transition’ kids accountable,” he said in a statement, according to TownFlex.

As the outlet notes, Paxton has filed similar lawsuits against two other Texas doctors. Last month, the Texas AG withdrew the state’s suit against Hector Granados after finding no evidence that he violated S.B. 14. However, a lawsuit brought against M. Brett Cooper is ongoing and expected to go to trial in May.

Equality Texas noted that the enforcement of S.B. 14 has led many doctors who provide gender-affirming care to leave the state — making it harder for trans adults to access care.

Oaklawn UMC of Dallas steps up to the rainbow fight

Read more at Dallas Voice.

In response to Gov. Greg Abbott’s order that cities remove rainbow crosswalks, Oak Lawn United Methodist Church is painting its front steps in rainbow colors.

Oak Lawn United Methodist Church is a long-standing inclusive faith community in Dallas and a reconciling congregation.

The governor’s order claims that crosswalks are a distraction to drivers. However, studies have shown fewer accidents involving pedestrians happen in rainbow crosswalks.

For OLUMC, located at the corner of Oak Lawn Avenue and Cedar Springs Road which is the site of one of the crosswalks, church leaders say this act is not one of defiance, but of faith.

“It’s important because silence is not neutral — silence in the face of harm always sides with the oppressor,” said OLUMC Senior Pastor Rachel Griffin-Allison. “Painting our steps in the colors of the rainbow is a visible witness to the gospel we preach: that every person is created in the image of God and worthy of safety, dignity and belonging.”

In a written statement, the church’s leadership said it hopes the rainbow steps will serve as both a statement of solidarity and a sanctuary of hope for the LGBTQ+ community and allies across Dallas.

Members of the church, led by Robert Garcia Sr., began painting the steps on Tuesday morning, Oct. 21. Garcia said it would take four or five coats of paint before a non-slip sealer is added to preserve the rainbow.

Garcia said work on the steps should take about two weeks.

artist rendering

Rainbow crosswalks being removed in Montrose after Gov. Abbott’s directive

Read more at WFAA.

Major changes are underway in Houston’s Montrose neighborhood, where crews have removed the city’s rainbow crosswalks — long considered a symbol of Pride, remembrance, and unity.

By sunrise Monday, the bright colors at Westheimer and Taft were gone, replaced with fresh asphalt. Crews began work around 2:30 a.m., and by late morning, the intersection had reopened.

The removal follows a directive from Governor Greg Abbott calling on transportation departments statewide to eliminate what he described as “political ideologies” from roadways. That guidance traces back to a federal directive from the Trump administration earlier this year.

Tense overnight protests

As work began, dozens of protesters gathered near the intersection. Several were arrested just after 4 a.m. after standing in the street to block crews from starting the removal process.

“This is a memorial for someone who was killed in a hit-and-run,” said protester Ethan Hale. “This is more than just the LGBT community.”

Community members have long said the rainbow crosswalks were originally painted in honor of a person killed in that intersection years ago, giving them special meaning beyond Pride symbolism.

Another protester, Andy Escobar, said the directive was a distraction from real issues.

“We know we have some of the worst air quality, we have people disappearing in the bayous, we have urgent matters that need to be attended to, and we are wasting time on a distraction and a vilification of lesbian, gay, bisexual, trans people,” Escobar said.

Brenda Franco, another community advocate, echoed that frustration.

“This is just a distraction. We are wasting time and money,” Franco said. “We should be elevating our communities and amplifying the work that we’re doing here.”

City, METRO, and state responses

City officials confirmed the equipment used in the removal was provided by METRO, but as of Monday, the transit agency had not yet responded to KHOU 11’s request for comment.

Houston Mayor John Whitmire said the city was informed that the Texas Department of Transportation threatened to withhold federal funding if the crosswalks weren’t removed — a factor that likely accelerated the timeline.

The city councilmember representing the district, Abbie Kamin, said she was supposed to be notified before the work began but instead learned about it from residents who spotted the heavy equipment Sunday night.

Community reaction and history

This marks the second time in less than two months that the Montrose crosswalks have been removed. METRO previously stripped the paint for road repairs before it was repainted weeks later.

Many residents spent the night leaving Pride flags, flowers, and chalk art along the sidewalks — acts of defiance and remembrance for what they describe as a safe-space symbol that connected the Montrose community.

“Even losing the crosswalk doesn’t mean that the work we do ends,” said Kevin Strickland with Walk and Roll Houston. “It’s a beginning for us, not an end.”

What’s next

As of Monday afternoon, no official timeline has been shared for whether the intersection will remain asphalt or be repainted with a different design.

KHOU 11 has reached out to METRO and the Texas Department of Transportation for further comment.

Arlington TX considers ending LGBTQ protections in anti-discrimination ordinance

Read more at the Fort Worth Star Telegram. *This is a developing story

The Arlington City Council will consider removing protections for LGBTQ+ residents Tuesday as part of the changes to its anti-discrimination ordinance. In early September, the City Council voted to temporarily suspend the anti-discrimination ordinance until city staff could propose amendments to it removing specific diversity, equity and inclusion language. Had this not taken place, the city would be at risk of losing $65 million in federal grant money.

Tuesday night, the council will be presented with an edited anti-discrimination clause. The changes include deleting “Gender Identity and Expression” and “Sexual Orientation” from the definition of discrimination. But a leader in the LGBTQ+ community said the proposed change leaves a class of residents without local protections. Previously, the ordinance said discrimination is “any direct or indirect exclusion, distinction, segregation, limitation, refusal, denial, or other differentiation in the treatment of a person or persons because of a race, color, national origin, age, religion, sex, disability, sexual orientation or gender identity.”

If the council approves the amendments Tuesday, anyone experiencing discrimination due to their sexual orientation or gender identity will not be able to look to the city for help. DeeJay Johannessen, CEO of the HELP Center for LGBT Health and Wellness, said this is not necessary to keep grant funding. “Out of the 395 cities with sexual orientation, gender identity in their list of protected classes, not one other city is doing it,” Johannessen said. “In fact, historically, no city has ever removed sexual orientation from their list of protected classes. So Arlington would be the first.” When a municipality receives grants from the U.S. government, it enters into a contract with various stipulations on the allocation of those funds. Those contracts have been updated since President Donald Trump took office to prohibit “advancing or promoting DEI” in decision-making, City Manager Trey Yelverton said at the Sept. 2 meeting. In Fort Worth, the City Council voted to end diversity, equity and inclusion programs to protect federal funding in August. The city code still includes sexual orientation, transgender, gender identity or gender expression as protected classes from discrimination. Sana Syed, a spokesperson for the city of Fort Worth, said due to how the ordinance was written, “no changes were needed to adhere to new federal requirements and none are planned at this time.”

An attorney who Johannessen consulted with regarding Arlington’s proposed anti-discrimination code changes said removing sexual orientation, gender identity and gender expression as protected characteristics from the current ordinance “reflects a fundamental and profound misunderstanding of the law. “The inclusion of ‘gender expression’ in this list is somewhat telling, since the term does not appear in the Current Ordinance,” Daniel Barrett, the Fort Worth lawyer Johannessen consulted, wrote in a statement. “Its inclusion exposes the staff’s analysis of the situation as sloppy or, perhaps, based upon something other than legal considerations.” Under the original ordinance, if someone is made to leave an establishment because of their gender identity or sexual orientation, they could go to the city and file a complaint. With the exclusion of those kinds of discrimination in the amended ordinance, the only way to rectify the issue would be through the federal government, Johannessen said. Johannessen was part of the focus group who helped make gender identity and sexual orientation protected classes in Arlington’s anti-discrimination chapter in 2021. “It passed unanimously, and there was not even any public comment voting against it,” Johannessen said. “It sailed through. So that’s why it’s so surprising now that there’s so little push back about having to make this change, even if it was required for them to make this change, there’s no angst about it.”

The City Council will vote on the amendments at the 6:30 p.m. meeting on Tuesday.

Texas governor calls for removal of rainbow crosswalks, calling them a safety issue

Read more at NBC News.

Texas Gov. Greg Abbott is calling for the removal of rainbow crosswalks and other symbols of pride from public roads across Texas, saying they pose safety concerns and misuse taxpayer dollars.

“Texans expect their taxpayer dollars to be used wisely, not advance political agendas on Texas roadways,” Abbott said in a statement Wednesday.

He directed the Texas Department of Transportation to ensure all cities and counties “remove any and all political ideologies from our streets” within 30 days. Any city that does not comply, he said, could risk the “withholding or denial of state and federal road funding and suspension of agreements with TxDOT.”

“To keep Texans moving safely and free from distraction, we must maintain a safe and consistent transportation network across Texas,” Abbott said.

Advocates say the rainbow crosswalks in Dallas’ Oak Lawn neighborhood have always been privately funded.

“No taxpayer dollars were used. We didn’t want to access those funds, even if we were able to,” said Valerie Jackson, chair‑elect of the North Texas LGBTQ Chamber of Commerce.

Jackson said the project was funded through private donations and community events such as wine walks. She added that organizers worked with Texas Department of Transportation and the City of Dallas to ensure the designs met state safety standards.

“We agree with the governor and the administration that public safety is paramount, and we would not move forward with this project and the experience that we’ve had over the last five years by endangering people,” Jackson said.

Annise Parker, the former Houston mayor and one of the first openly LGBTQ mayors of a major American city, said she was “surprised that the governor has so little to do that erasing rainbow crosswalks has become his priority.”

“I trust that businesses and individuals across Texas will proudly display rainbow flags in response and continue to focus on real issues,” she told NBC News.

Parker is currently running for Harris County judge.

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