Critics warn that two state bills aiming to ban classroom instruction about sexual orientation and gender identity in Texas public schools could further marginalize LGBTQ students and families while exposing teachers to potential legal threats.
, Texas educators have pointed out that elementary schools in the state already have little formal instruction on gender identity or sexuality.
“This is like a bad solution in search of a problem because I haven’t heard this as being a problem at all,” she said. Quinzi worried about the consequences of stifling teachers’ identities on LGBTQ students who may not have a safe home environment where they can be themselves.These proposed bans on classroom instruction of sexual orientation and gender identity could limit or ban discussion of many issues, ranging from marriage equality to adoption to the AIDS epidemic.
For teachers, the legal gray area of avoiding these topics — if either bill becomes law — could be messy. More broadly, Kempf said, the bills would pose risks to schools and educators in the form of potential ultra vires claims, which enable citizens to sue public officials who violate state laws. Although it’s not clear if these types of lawsuits would be successful, Klosterboer said, the larger impact is more confusion and headaches for schools.
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