TL/DR –
The Texas Tech University System has instructed faculty across its five universities to limit classroom discussion of transgender and nonbinary identities. The order has sparked concerns about academic freedom, freedom of speech, and the potential marginalization of trans and nonbinary students. The directive is aligned with President Donald Trump’s executive order recognizing only male and female genders as assigned at birth, Gov. Greg Abbott’s letter directing state agencies to “reject woke gender ideologies”, and House Bill 229 requiring a strict binary definition of gender for the collection of vital statistics.
In Historic First, Texas Tech University Limits Classroom Discussions on Transgender and Nonbinary Identities
The Texas Tech University System has made a groundbreaking decision by directing faculty to limit classroom discussions on transgender and nonbinary identities across its five universities, leaving many wondering how academics should proceed.
This ambiguous directive has stirred anxiety within Texas Tech students and professors, with many fearing potential academic or professional repercussions for resisting these limitations. Both free speech organizations and LGBTQ+ advocates have criticized these unclear restrictions, labeling them as unconstitutional censorship and arguing they will further marginalize already vulnerable trans and nonbinary students and faculty.
In a critical development, Texas Tech Chancellor Tedd Mitchell stated that faculty members, when acting in their capacity as employees and instructors, must comply with President Donald Trump’s executive order which only recognizes male and female genders as assigned at birth. They also have to adhere to Gov. Greg Abbott’s directive to state agencies to refuse ‘woke gender ideologies’ and a House Bill necessitating a strict binary definition of gender for vital statistics collection.
Legal experts have contested Mitchell’s interpretation of the executive order, letter from the Governor, and state law. Chloe Kempf, a staff attorney with the ACLU of Texas, described this move as a severe attack on academic freedom, emphasizing that the Constitution requires free and open learning environments in higher education institutions.
Despite the outcry, it remains uncertain how these restrictions will impact Texas Tech’s academic offerings. The university offered eight Introduction to Women’s and Gender Studies courses for the semester, according to their online course listings. Five of the courses were entirely filled, and the remaining ones only had a few seats left.
Implications for Trans Texans’ Rights
In recent years, Texas lawmakers passed numerous bills targeted at LGBTQ+ Texans, including restrictions on bathroom usage in government buildings by trans people, eligibility to participate in sports teams, and access to medical treatments for trans children.
Meanwhile, the queer student working at the Lubbock university has expressed concerns that these new restrictions on discussing trans and nonbinary identities could exacerbate the mental health of LGBTQ+ students. A 2024 survey by The Trevor Project reported that 90% of LGBTQ+ people aged 13 to 24 felt their wellbeing was negatively affected by recent politics.
Legal Perspectives and Reactions
Legal experts and free speech advocates have opposed Chancellor Mitchell’s claim that the law in this area is developing. They argue that academic freedom, which protects professors and students from political interference in the classroom, has been recognized by courts as a First Amendment right over the years.
Legal expert Adam Steinbaugh from the Foundation for Individual Rights in Expression remarks that “no directive can override the Constitution”. Meanwhile, Jonathan Friedman of PEN America highlights the importance of students having the freedom to engage with facts and discuss the reality of gender diversity.
A professor at Texas Tech University, who wished to remain anonymous for fear of repercussions, shared that they are now looking for another job and planning to move their family out of Lubbock. A recent survey revealed that a quarter of Texas professors are seeking jobs outside the state, citing increasing political interference on campuses as the primary reason.
Democratic state Rep. Donna Howard of Austin highlighted that given Texas universities are state-run institutions, school leaders are obliged to follow the directives given to them to ensure their legal and financial solvency.
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