Hayden Cohen came out as nonbinary during their junior year in Houston ISD at a school they said welcomed LGBTQ students and had a thriving Gender and Sexuality Alliance (GSA).
"We had teachers lining up to be our teacher sponsor for the GSA," Cohen said. "Students were all really inclusive and chill. So it was a pretty good experience for a queer student at a high school."
But now, in the wake of Senate Bill 12 — a new state law targeting diversity, equity and inclusion initiatives — some Texas schools are eliminating LGBTQ clubs and prohibiting teachers from using students' preferred names and pronouns.
It's been three years since Cohen graduated from high school. Now, Cohen is the state policy director for Students Engaged in Advancing Texas, which is one of the plaintiffs in a lawsuit challenging Senate Bill 12.
Cohen and other advocates for LGBTQ youth said the new state law targeting diversity, equity and inclusion initiatives has caused confusion in schools as districts interpret the law in different ways.
"Unfortunately, the thing I’ve heard most is ‘My club’s no longer allowed to function,'" Cohen said. "And then I have heard of clubs that the admin will say, ‘You can function, but you need to change your name and mission statement.'"
State Senator Brandon Creighton, who authored the bill, frames it as a common-sense law that puts parents in charge of their children's education.
"Somehow, saying that parents, not the government, should be in the driver's seat of their child's education has become controversial," hetoldfellow lawmakers in Austin.
Creighton’s office did not respond to a request for comment.
Houston ISD and Katy ISD are among the school districts that are defendants in the lawsuit challenging Senate Bill 12.
Houston ISD declined to comment on how it was implementing the law, citing the ongoing lawsuit.
Late last month, Katy ISD's board of trustees passed a resolution that explains how the law will be implemented, according toCommunity Impact. The resolution prevents employees from assisting students with "social transitioning" and bans school-sponsored LGBTQ clubs.
Fort Bend ISD, Cyfair ISD, and Conroe ISD toldHouston Public Mediathey are assessing the law to determine how to comply with its new requirements.
Marshall Romero is a junior in Alief ISD. Romero, who is trans, said his teachers have continued to recognize his gender identity and use his pronouns. But he said he's still felt the chilling effects of the bill.
"I'm very fortunate to be in the situation I'm in, but we definitely have had to limit discussions, just out of fear of things that could happen from the state," he said.
JuJu Faragher is a youth services specialist at the Montrose Center, a resource hub for Houston's LGBTQ residents.
He said the center used to send therapists to schools to provide counseling in group settings. After Senate Bill 12 was passed, that program was dissolved. He said the center has also faced challenges in launching a mindfulness program for students.
Faragher encouraged students who may no longer have access to LGBTQ resources at school to check out the Montrose Center's programming for youth.
He said it's important for students to have access to LGBTQ-inclusive spaces.
"It's about community," he said. "It's about being able to connect with people who are going through similar experiences."
Faragher said it's also important to consider what youth want when shaping policy.
"Kids are smart enough. Kids know what they want," he said.
Mandy Giles, the co-founder of Parents of Trans Youth, said the bill also overlooks what some parents want for their children.
"I think it's ignoring those parents that want their kids to have a supportive experience at school, and a well-rounded experience," she said.
Giles also said it's important for LGBTQ youth who aren't supported at home to have access to other safe spaces.
"For some kids, school is the only safe place they have," she said. "And when you take those away, then there's no safe place for some of these kids."
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