Texas Tech University System is at odds with the federal government lawsuit Faculty groups say it silences discussions about LGBTQ+ identity, race and Black history while restricting professors’ academic freedom.
The lawsuit, filed Wednesday in federal court in El Paso, challenges two directives issued by Texas Tech Chancellor Brandon Clayton that opponents say limit classroom instruction and violate constitutional protections. The charges were brought by the American Association of University Professors (AAUP), the AAUP American Federation of Teachers Texas Conference, Lambda Legal, and the NAACP Legal Defense Fund.
Plaintiffs claim the policy has already changed what students can learn across the Texas Tech University system, including Texas Tech University, Angelo State University, Midwest State University and two health science centers.
Lawsuits challenging classroom restrictions
In December 2025, Creighton released a memo warning faculty that they could face disciplinary action if they did not comply with new restrictions on educational topics such as race, gender, gender identity and sexual orientation, according to the complaint. Professors were also instructed to submit relevant course materials for review.
A second memo, released in April 2026, expanded on these restrictions and directed schools to phase out academic programs that center on sexual orientation and gender identity. It also required faculty teaching lower-level undergraduate and core curriculum courses to replace readings and classes covering those subjects, unless certain exceptions apply.
The lawsuit claims these exceptions are inconsistent and confusing, leaving professors unsure of what materials are allowed.
The plaintiffs are asking the court to declare both directives unconstitutional and to prevent Texas Tech University from enforcing them or any similar policies in the future.
Professors say the policy has changed what they teach.
The complaint includes several examples in which faculty members show how the directive affected their instruction.
A professor at the Texas Tech University Health Sciences Center in Lubbock claims that medical students were prohibited from participating in or even observing treatments involving transgender patients, even when the patients were seeking treatment unrelated to gender-affirming treatments, including conditions such as cancer, migraines, and high blood pressure.
The lawsuit also alleges that another instructor was told that his Holocaust course could lose its place in the university’s core curriculum if it discussed gay and bisexual victims of Nazi persecution.
Teachers also claim that it has the following effects: between the world and me By Ta-Nehisi Coates and Plato republic Use in the classroom is prohibited.
At Texas Tech University Health Sciences Center El Paso, instructors said they were coached not to use the word “disparities” when teaching students about public health issues, despite discussing documented disparities in health outcomes that affect border communities and Black Texans.
The complaint alleges that these examples demonstrate how policy interferes with education about real-world medical and historical issues.
First Amendment concerns
Plaintiffs argue that the directive violates the First Amendment by allowing university officials to endorse views they espouse while restricting others.
Nicholas Hite, an attorney with Lambda Law Firm, said the policy allows professors to teach the state’s position that there are only two genders while preventing them from admitting transgender and gender nonconforming people.
“This is viewpoint discrimination, and it’s actually a violation of the First Amendment at its most basic,” Hite said.
The complaint also alleges that the policy violates the 14th Amendment because the directive is so vague that professors cannot determine what speech may be subject to discipline.
Additionally, the complaint alleges that the restrictions disproportionately impact Black faculty because they specifically target discussions of Black history, racial inequality, and efforts to address discrimination.
Texas Tech denies allegations
Texas Tech System spokeswoman Erin Wilson disputed the claims in the lawsuit.
“Our commitment to academic integrity and the First Amendment rights of our students will not be hampered by the lawsuit and we will continue to offer rigorous academic programs, relevant coursework, and groundbreaking research,” Wilson said in a statement.
Wilson also said instructors are allowed to teach historical events, including civil rights history and Nazi crimes. He added that teachers do not have to remove textbooks or assigned work just because they contain references to sexual orientation or gender identity.
Wilson said the university system’s board of governors has not changed or rejected the Texas Tech University Health Sciences Center course.
Clayton says policy follows state law
Clayton, a former Republican state senator, became chancellor of the Texas Tech System in late 2025 after leading the Texas Senate Higher Education Committee.
While serving in the Legislature, he authored Senate Bill 37, which expanded the authority of the governor-appointed university regents to determine curriculum at public universities.
His December memo described Texas Tech’s review process as a first step toward implementing the law.
Clayton argued that the directive is needed to ensure students receive what he called a “degree of value” while complying with state and federal requirements.
In an interview in December history of higher education Clayton is quoted in the lawsuit as saying Texas Tech strives to “keep its doors…open to all walks of life.” He also argued that classroom instruction promotes “diversity of perspectives” and described the policy as “a continuum of common sense.”
As the case progresses, it could become the latest high-profile legal battle over how public universities move forward with classroom instruction on race, gender identity, and LGBTQ+ issues amid shifting political and legislative priorities in Texas.
Source: Gayety – gayety.com
