Does a state law prohibiting student clubs from meeting on a public school campus because of their views and goals violate the Equal Access Act of 1984, as well as freedom of speech, freedom of expressive association, and due process rights? That is the issue before the U.S. District Court for the Southern District of Texas in Gay Student Alliance Network et al. v. Morath. Texas enacted Senate Bill 12, which went to effect September 1, 2025. Section 27 of SB 12 states that school districts and charter schools in Texas “may authorize or sponsor a student club” but “may not authorize or sponsor a student club based on sexual orientation or gender identity.” (emphasis added.) The ACLU of Texas sued on behalf of an organization, students, parents and several school districts alleging that SB 12 infringes the First Amendment and Equal Access Act of 1984.
CLS’ Center for Law & Religious Freedom had much to do with the drafting and passage of the Equal Access Act. Equal means equal, regardless of whether CLS agrees with the message in the student group’s meetings. In obedience to our Lord’s Golden Rule (“do unto others as you would have them do unto you.”), the Center filed an amicus brief in support of the Gay Student Alliance Network arguing that the new Texas law violates the First Amendment and the Equal Access Act of 1984.
