Safe Spaces SHUT Down – Is It LEGAL?

Texas legislators passed a controversial bill banning LGBTQ clubs in public schools, prompting students to protest what legal experts believe may be an unconstitutional restriction on their rights.

At a Glance

  • Senate Bill 12 bans student clubs based on sexual orientation or gender identity in Texas public schools
  • Legal experts warn the ban likely violates the First Amendment and the Equal Access Act of 1984
  • Students describe their GSA clubs as safe spaces, not focused on sex as some lawmakers claimed
  • The bill requires parental permission for students to join any school club
  • If signed by the Governor, the bill will become law on September 1

Constitutional Concerns About SB 12

Texas lawmakers recently approved Senate Bill 12, expanding anti-DEI policies for public and charter schools. The legislation contains a specific provision banning student clubs based on sexual orientation or gender identity. Legal experts have raised serious concerns about the constitutionality of this ban, noting that it likely infringes on students’ First Amendment rights and violates the Equal Access Act of 1984. The Supreme Court ruled in 1969 that students retain their First Amendment rights in schools, and courts have repeatedly affirmed the right of LGBT student clubs to meet on campus.

The Equal Access Act requires equal treatment of all student groups if any noncurricular groups are allowed to meet on school property. This federal law has been the basis for numerous court decisions supporting the right of LGBTQ clubs to exist in public schools, regardless of local opposition. Despite these legal precedents, Texas legislators moved forward with the ban, which is part of what supporters call a “Parental Bill of Rights.” 

Students Defend Their Safe Spaces

Students from Sherman High School’s Gender and Sexuality Alliance (GSA) have spoken out against the characterization of their club by some lawmakers. GSA members describe their organization as a safe, welcoming space for LGBTQ students and allies – not focused on sex as some politicians have claimed. The club provides crucial support for students who may face isolation or bullying, offering a community where they can feel accepted and understood.

Representative Jeff Leach, who supported the bill, later apologized for calling GSAs “sex clubs” after hearing testimony from students and parents. Despite this apology, he maintained his support for the legislation. GSA leaders emphasize the importance of visible LGBTQ representation in schools, especially for students who may not have supportive home environments. Many students have expressed concern about the political climate in Texas regarding LGBTQ rights.

Heated Legislative Debate

The bill sparked intense debate in the Texas Legislature, with Democrats strongly opposing the measure as harmful to LGBTQ+ students. Representative Gene Wu called the bill’s supporters “monsters” for what he described as demonizing students and teachers. Other Democratic legislators shared personal experiences and concerns about the impact of the ban. Representative Rafael Anchía emphasized that these clubs are not about sex but about providing community for vulnerable students.

Representative Jolanda Jones warned that the ban could worsen bullying and mental health issues among LGBTQ youth, while Representative Erin Zwiener cautioned that the bill could damage family relationships with LGBTQ+ children. Representative Nicole Collier pointed out what she saw as a double standard in the legislation, which allows religious organizations but bans LGBTQ+ clubs. If signed by the Governor, the bill will become law on September 1. 

Implementation Questions Remain

School districts across Texas are still figuring out how to implement the new legislation, which also requires parental permission for students to join any school club. The Biasi family, supporters of their local GSA, have expressed concern about the club’s future. The broader context of the bill includes efforts by some conservative politicians to limit rights for transgender students in schools, part of a national trend of legislation focused on LGBTQ issues in education.

For many students, the uncertainty about whether they will have access to these support networks when school resumes in the fall has created additional stress. School administrators face the challenge of balancing compliance with the new state law against potential federal legal challenges based on equal access requirements. Some districts may be preparing for litigation if they’re forced to disband established GSA clubs while allowing other non-curricular student groups to continue meeting.

RELATED ARTICLESMORE FROM AUTHOR