Trump-nominated judge blocks Abbott’s DEI ban in 3 districts
A U.S. district judge granted a preliminary injunction temporarily blocking enforcement of key provisions of Senate Bill 12 in the Houston, Katy and Plano independent school districts while the case proceeds.
U.S. District Judge Charles Eskridge, who was nominated by President Donald Trump in 2019, issued the ruling on Feb. 20, barring the three districts from implementing or enforcing four sections of the state’s ban on diversity, equity and inclusion (DEI) initiatives in K-12 schools.
The blocked provisions include a ban on student clubs "based on sexual orientation or gender identity," restrictions on assigning or engaging in "diversity, equity, and inclusion duties," and limits on classroom instruction or programming related to sexual orientation or gender identity.
The order also bars districts from enforcing rules prohibiting employees from assisting students with what the law defines as "social transitioning."
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.
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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.
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.