Texas Universities Are Now Banning Professors From Even Acknowledging Trans People Exist

Campus officials claim to have no choice but to censor the mere mention of trans people. But that’s not actually the law.

Photo by Raziella R on Unsplash

Tens of thousands of Texas students, professors and university staff have been subject to an unprecedented anti-trans censorship campaign—one that undermines the very premises of academic freedom and the pursuit of truth itself.

Professors within the Texas Tech University System, which is composed of at least five independent institutions, are subject to new rules that may bar them from the mere mention of the indisputable, biological reality of sexual and gender variance. It marks the first known instance in Texas—if not the country—of such severe bans at the college level.

As the regional news outlet The Concho Observer originally published in September, it began when professors at Angelo State University in West Texas were ushered into a series of ad hoc meetings to discuss supposed new guidelines banning “transgender topics” in the classroom.

Initial reports from a staff member said this seemed to include discussion of transgender, non-binary and/or intersex people; any reference to students by a name or pronouns that differs from that assigned at birth; the use of pronoun signifiers in email bios; or even the presence of pride flags and safe space stickers.

It “seemed” this way in part because no comprehensive, formal, written policy was universally sent out to instructors. Most if not all of these provisions, in fact, were a cascade of word-of-mouth directives that left many professors with more questions than answers, The Concho reported. What about historical texts, such as Shakespearean plays or religious teachings, depicting gender variance? What about students studying medicine, psychology, or gender? What about professors who, themselves, may be gay, trans, or gender nonconforming? How would such a thing even be enforced? (Reportedly, an administrator at the very least confirmed via email that discussions of homosexuality would remain kosher, and that only trans issues would be “forbidden,” as per The Texas Tribune.)

In the days that followed, the fallout would be swift. The Texas Tech system’s Chancellor Tedd L. Mitchell sent a memo to university heads announcing that “state and federal law recognize[s] only two human sexes” and that “faculty must comply with these laws in the instruction of students.”

The problem: There is not actually any federal law enshrining a binary model of sex, nor is there a law banning college professors from discussing trans identities with students.

Texas House Bill 299 does indeed only recognize two sexes, despite the scientific consensus determining the opposite, but the policy in question only sets out broad definitions for the interpretation of Texas law. For example, it means trans women will not be equally protected by anti-discrimination laws benefitting (cis) women. It says nothing about banning college students or professors from thinking or talking about gender issues.

The other cited documents are not even laws. One is a January 2025 directive from Governor Greg Abbott, and the other is Executive Order 14168 signed by President Donald Trump, which stoked the moral panic about the boogeyman of “Gender Ideology.” Both policies attempt to artificially establish a binary, immutable and unscientific definition of sex and gender; but neither hold the weight of actual law.

Mitchell further appears to misdirect public scrutiny or otherwise obfuscate the university’s reasoning in his letter by citing groups like the American Psychological Association, which Mitchell claims “recognized these changes and are working with programs and institutions of higher education to balance educational commitments with legal compliance.”

However, these referenced groups and documents pertain to a different executive order entirely—EO 14151, barring “DEI Programs.” When asked about the letter, the APA denounced Texas Tech’s use of their their accreditation standards to censor nuanced discussions of gender.

“The APA Commission on Accreditation Standards continues to require accredited programs to have [a] curriculum that indicates respect for and understanding of cultural and individual differences, including gender diversity,” an APA spokesperson told Erin in the Morning. “The psychological science on this issue is clear: Competent psychologists must understand individual cultural differences to provide high-quality psychological services and avoid doing harm to vulnerable populations.”

The spokesperson added that the APA is “deeply concerned that restricting discussions of gender identity in college courses undermines scientific understanding and threatens the psychological health and human rights of individuals who may already face stigma and vulnerability.”

If viewed extremely generously, some might argue Mitchell’s letter could be interpreted as an overly capitulatory and misinformed act of fear. After all, the Governor’s letter says that “Texas agencies must ensure that agency rules, internal policies, employment practices, and other actions comply with the law” and that “there are only two sexes—male and female.” This gender framework is echoed in Trump’s “Gender Ideology” EO.

But none of these political maneuvers override federal law, which scholars say still broadly protects free speech, academic thought, and civil rights.

“Interpreting federal and state law as prohibiting teaching about transgender or non-binary issues is a gross misrepresentation,” Allison Chapman, a Civil Rights and Health Equity Fellow at Lawyers for Good Government, told Erin in the Morning. “The intent of Mitchell’s memo is obvious: to chill legally protected speech in order to appease the political whims of the current administration.”

A spokesperson for the university did not respond to a request for comment.

Nearly 250 miles away from where Texas Tech’s anti-trans panic first broke out, in San Angelo, sits Texas A&M University, where a similar frenzy took hold this past summer. It may answer questions as to why Texas Tech was so arguably overzealous in its anti-free speech policy in the first place.

There, in College Station, a university class on children’s literature featured The Gender Unicorn—a graphic meant to visualize discussions of gender, sexual orientation, and identity with some levity.

TAMU is the largest school in the state and among the largest nationwide, with a student body of 79,000 and thousands upon thousands of staff and faculty. But it only took one student (plus a bored politician with too much Twitter access) to upend the entire university community, leading to ousted educators, the cancellation of an entire course, and an anti-trans academic witch hunt.

In what appears to be a secret recording from this summer, the student captured her college classroom discussing The Gender Unicorn within the context of a children’s book about a non-binary middle schooler.

“I am not going to participate in this because it’s not legal, and I don’t want to promote something that is against our president’s laws as well as against my religious beliefs,” the student said.

The professor politely pushes back, asserting there was nothing unlawful about “teaching things that are biologically true”—that sexuality and gender are complex, non-binary, and often-fluid facets of human life, which is indeed the consensus of most every major medical association and human rights organization. She says she has a right to teach and that the student had a right to leave. The student responded that she would be meeting with TAMU President Mark A. Welsh III over the “illegal” contents of the lesson.

In the background, quietly, another student can be heard saying: “My gender is not illegal.”

The ensuing fallout triggered a 23-part social media thread from Texas Representative and ex-HHS official Brian Harrison, who sent two letters to lawmakers and championed a successful attempt not only to get the professor fired, but evidently to strongarm Welsh into stepping down, too, for not firing the educator fast enough. The union-backed professor is appealing this decision.

“Free inquiry, free expression, intellectual exploration, and open dissent are critical for student learning and the advancement of knowledge [...] especially when such work challenges the status quo,” the TAMU chapter of the American Association of University Professors said in a September statement, denouncing the firing.

“The appearance of these actions suggests a clear disregard of the rights of faculty and sends a chilling message to the entire academic community in Texas.”