Two faculty groups sued Texas Tech University System Chancellor Brandon Creighton and the board of regents Wednesday in federal court in El Paso. They claim new classroom restrictions on teaching about race, gender identity and sexual orientation violate the First Amendment and discriminate against Black faculty.
The lawsuit challenges two memos issued by Creighton after he became chancellor last year. The first memo, sent Dec. 1, requires faculty to submit course materials involving race, sex, gender identity or sexual orientation for regents’ review and approval. It warns professors could face discipline for non-compliance and prohibits teaching that one race or sex is inherently superior or that there are more than two sexes. The second memo, issued April 9, orders the phase-out of academic programs centered on sexual orientation and gender identity. It requires alternate materials in core undergraduate courses if content touches those topics.
The Texas American Association of University Professors-American Federation of Teachers and the national AAUP filed the suit. They argue the policies amount to viewpoint discrimination by suppressing certain ideas while allowing others. The complaint says the rules are unconstitutionally vague, leaving professors unsure what they can teach without punishment. It also alleges the restrictions disproportionately harm Black faculty by targeting instruction on Black history, racial inequality and efforts to address it.
Specific examples in the lawsuit include a medical school professor told not to use the word “disparity” when discussing health outcomes and a Holocaust course flagged for mentioning gay and bisexual victims. The groups say exceptions for patient care or professional credentials are applied inconsistently, harming education.
Texas Tech System spokeswoman Erin Wilson rejected the allegations. She said the policies comply with state and federal law, ensure academic integrity and allow teaching about historical events and civil rights when appropriate. Creighton has defended the rules as promoting diversity of viewpoint and degrees of value.
The lawsuit seeks to declare the memos unconstitutional and block their enforcement. It comes as Texas universities navigate state laws on curriculum and DEI restrictions.
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