Texas has long been a leader in restricting sex education for students, influenced by the state’s Republican majority. Recent changes focus on promoting abstinence, requiring parental consent for sex education, and banning discussions on sexual orientation and gender identity.
Now, several similar bills from Republican lawmakers signal a new approach to further limit sex education. Instead of directly altering the sex ed curriculum, these bills aim to change the Texas Penal Code, increasing the risk of criminal charges for teachers, doctors, and psychologists under public indecency laws and the regulations against distributing harmful materials to minors.
Currently, there is an exception for sex education materials, which allows educators to protect themselves from prosecution. This defense, known as “affirmative defense,” helps prove that a defendant did not act criminally under specific circumstances. For example, if someone acted in self-defense, they can argue it in court, even if they caused harm.
The new bills aim to eliminate this protection for educational, medical, psychological, or psychiatric materials. Legal experts see this as a move to limit defenses for teachers while still allowing some officials to use it in their cases.
Even if the law passes, the risk of a teacher in Austin facing criminal charges for using potentially harmful materials is low because it would require a local prosecutor to pursue the case. However, local leaders are often aligned with progressive values that support comprehensive sex education.
Still, advocates worry about the chilling impact these bills may have. Miranda Estes from the Sexuality Information and Education Council of the United States points out that such legislation can intimidate educators. This fear may lead teachers to skirt around important topics to avoid potential legal issues.
Estes references Florida’s “Don’t Say Gay” bill as an example. Though it faced legal challenges, it created anxiety among educators, to the point where some mistakenly outed students, believing it was required. This led to confusion and a hesitance to address crucial subjects in the classroom.
For teachers in Austin, Estes encourages them to remain steadfast in their commitment to education, despite legislative pressures. “Don’t self-censor based on fear,” she advises. “Austin educators are pioneers in this space, and these bills aim to instill confusion and anxiety.”
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89th Legislative Session, 89th Legislature, Allen Place Jr., sex ed
