Judge Pauses Texas DEI Ban In 3 ISDs | Androgynous student image by MandriaPix/Shutterstock

A federal judge has temporarily paused Texas’ ban on so-called “diversity, equity, and inclusion” in Plano, Houston, and Katy school districts.

Judge Charles Eskridge issued a preliminary injunction in GSA v. Morath on February 20. This restricts Plano ISD, Houston ISD, and Katy ISD from enforcing key sections of S.B. 12 – Texas’ law banning DEI from the classroom. 

“This is yet another example of an activist judge who, instead of allowing litigation to play out, is stretching the limits of their constitutional authority to override a duly enacted law, the legislative process, and ultimately the will of the people of Texas,” said State Board of Education Member Brandon Hall to The Dallas Express. 

Left-wing activists sued the districts, along with Texas Education Commissioner Mike Morath, in August 2025, claiming that S.B. 12 violated free speech. Morath and Katy ISD moved to dismiss the suit in November, but plaintiffs kept pursuing the case.

The Dallas Express asked Plano ISD for comment, but did not receive a response in time for publication. 

“This ruling could put students in the affected districts at risk of exposure to extreme sexual ideologies,” Hall said.

The Order

Eskridge ordered the districts to pause enforcing S.B. 12 sections 3, 7, 24, and 27. 

Section 3 bans districts from using “race, sex, color, or ethnicity” to determine hiring or employment, or giving “differential treatment” or “special benefits” based on race, color, or ethnicity. It also bans staff from compelling or soliciting DEI statements, assigning DEI duties, or carrying out DEI duties.

Section 7 prohibits district staff from coaching students through “social transitioning” by using a different name, different pronouns, or other gender expressions that “encourage a denial of the person’s biological sex at birth.” 

Section 24 restricts public districts and open-enrollment charter schools from providing, or allowing a third party to provide, instruction or programming on “sexual orientation or gender identity” to students from kindergarten through 12th grade. It notes that this should not limit students’ “speech or expressive conduct” protected by the 1st Amendment.

Section 27 bars public districts, including open-enrollment charter schools, from allowing student clubs “based on sexual orientation or gender identity.” It also requires parental consent to attend a school-sanctioned club.

Like other districts across Texas, Plano, Houston, and Katy ISD are still bound to uphold the rest of S.B. 12. This includes provisions allowing parents access to their students’ school records, making schools notify parents about changes to students’ health, and requiring parental consent before certain psychological exams or sexuality instruction.

Parents who see potential violations can file a formal written complaint with the school board, then submit a written grievance. If that fails, they can file a complaint with the Texas Education Agency.

Activist Plaintiffs

Plaintiffs include the Genders and Sexuality Alliance, the Texas American Federation of Teachers, Students Engaged in Advancing Texas, a teacher, two students, and their parents. They are using law firms, including the ACLU-Texas, the Transgender Law Center, and Baker McKenzie.

The GSA was previously known as the “Gay-Straight Alliance,” starting in the late 1980s, according to the group’s website. The network runs chapters in schools across America, aiming to “unite TQ2S+ [‘transgender queer two-spirit+’] and allied youth to build community, support one another, and organize for change.”

“GSAs influence broader culture – shaping how peers, teachers, and communities understand gender and sexuality,” the website reads. “They’re not just clubs; they are sites of resistance, resilience, and leadership that give young people the power to change their schools and their world.”

Texas AFT is a state affiliate of the broader American Federation of Teachers, the second-largest teachers’ union in the nation. 

AFT is a lobbying powerhouse, and its affiliates donate millions of dollars to Democrats – almost exclusively in recent years, according to OpenSecrets. AFT President Randi Weingarten is a vocal supporter of left-wing causes and an avid opponent of school choice. 

SEAT is an advocacy group that mobilizes students to promote left-wing education policy in Texas. The group has organized opposition to local “anti-transgender school board policies,” pushed for “restorative civic history,” and denounced S.B. 12.

Similar Legal Battles

Activist groups have also been suing Texas officials over S.B. 10, which requires schools to post copies of the Ten Commandments. 

The law allowed schools to buy displays, but did not force them to do so, as The Dallas Express reported. It also required them to “accept and display” any privately donated posters that meet the law’s standards. 

In July 2025, plaintiffs sued in Rabbi Nathan v. Alamo Heights ISD, claiming the law violates “separation of church and state.” 

U.S. District Judge Fred Biery issued a preliminary injunction in August, temporarily banning districts named in the suit – including Plano ISD – from complying with the law. As The Dallas Express reported, he cited Kenny Chesney in the ruling and compared Texas’ law to Nazi Germany.

In September 2025, secular activist groups also filed suit on behalf of 15 families in Cribbs Ringer v. Comal ISD. Law firms included the ACLU, Americans United for Separation of Church and State, and the Freedom from Religion Foundation.

The more recent suit targeted districts across Texas, including several across DFW – Arlington ISD, Azle ISD, Fort Worth ISD, Frisco ISD, Lovejoy ISD, Mansfield ISD, McKinney ISD, Northwest ISD, and Rockwall ISD. A federal judge issued an injunction against these districts in November 2025.

Gov. Greg Abbott signed S.B. 10 in June, requiring “every classroom in Texas public schools” to display the 10 Commandments, as The Dallas Express previously reported. Attorney General Ken Paxton urged districts to comply with the law and vowed to defend them against potential lawsuits.