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A U.S. district judge has issued a preliminary injunction that temporarily halts the enforcement of significant parts of Senate Bill 12 within the Houston, Katy, and Plano independent school districts. This decision comes as the legal challenge against the bill continues.
Judge Charles Eskridge, appointed by former President Donald Trump in 2019, delivered the ruling on February 20. His decision prevents these districts from enforcing four specific sections of the state’s legislation, which aims to prohibit diversity, equity, and inclusion (DEI) initiatives in K-12 educational settings.
The provisions currently on hold include a ban on student clubs that are “based on sexual orientation or gender identity,” limitations on performing or engaging in “diversity, equity, and inclusion duties,” and restrictions on classroom teaching or programming that addresses sexual orientation or gender identity.
The injunction also stops the districts from applying regulations that would prevent employees from aiding students with what the law describes as “social transitioning.”
The Texas State Capitol in Austin. (Brandon Bell/Getty Images)
The injunction applies only to the Houston, Katy and Plano districts.
In a 44-page opinion issued the same day, Eskridge dismissed Texas Education Agency Commissioner Mike Morath from the lawsuit, ruling that SB 12 places enforcement authority with local school districts — not the commissioner.
The judge said the state education commissioner isn’t the one actually enforcing the law — local school districts are. Since the commissioner doesn’t directly carry out or police the rules in question, the court ruled he can’t be blamed for any harm the plaintiffs say they’re experiencing. So he was removed from the case.
Texas Gov. Greg Abbott signed SB 12 into law in June 2025, and it took effect Sept. 1. (Antranik Tavitian/Reuters)
The court granted the preliminary injunction after noting that the three school districts did not defend the law on the merits.
“Houston, Katy, and Plano ISDs explain none of it. Nor do they address any facts or present any legal rationale opposing entry of the requested preliminary injunction,” Eskridge wrote.
The American Civil Liberties Union of Texas, the Transgender Law Center and the law firm Baker McKenzie filed the lawsuit in August on behalf of student advocacy groups, a teachers union, two students and a teacher. The plaintiffs argue SB 12 violates the First Amendment and the Equal Access Act.
“This is a critical victory amidst a surge of state-sponsored discrimination and censorship of vital conversations about race, gender identity, and sexual orientation,” Brian Klosterboer, senior staff attorney at the ACLU of Texas, said in a statement.
Gov. Greg Abbott signed SB 12 into law in June 2025, and it took effect Sept. 1.
A Texas substitute teacher was arrested and charged with multiple felony offenses, including aggravated sexual assault of a child on Dec. 19, 2025. (fstop123/iStock via Getty Images Plus)
Eskridge ordered the three districts to notify the court within 14 days whether they plan to defend SB 12 or seek representation from the Texas Attorney General’s office.
The injunction remains in effect while the case continues in federal court.
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