Faculty groups sued Texas Tech Chancellor Brandon Creighton and the university system’s regents Wednesday, asking a federal judge in El Paso to block classroom restrictions they say have censored professors who teach about race, gender identity and sexual orientation and intentionally discriminated against Black faculty.
The lawsuit, brought by the Texas American Association of University Professors-American Federation of Teachers and the national American Association of University Professors, challenges two memos Creighton issued after becoming chancellor last year.
The groups argue the restrictions outlined in the memos violate the First Amendment by allowing Texas Tech officials to suppress viewpoints they dislike, violate the Fourteenth Amendment by leaving professors unsure what they can teach without being disciplined and discriminate against Black faculty by singling out instruction about Black history, racial inequality and efforts to remedy it.
Creighton’s first memo, issued Dec. 1, told faculty they could face discipline if they did not comply with new limits on course content involving race, sex, gender identity and sexual orientation. It required faculty to submit course material related to those topics for regents to review and approve.
A second memo, issued April 9, went further, ordering the phase-out of academic programs centered on sexual orientation and gender identity and requiring professors in core and lower-level undergraduate courses to use alternate materials if readings, assignments or lectures included those topics.
The memo said some material could still be taught if needed for patient care, professional credentials or advanced coursework, but the lawsuit argues those exceptions were applied inconsistently.
The policies apply across the five-institution system, which includes Texas Tech University, two health sciences centers, Angelo State University and Midwestern State University.
The complaint includes new accounts of how the restrictions have been applied. It alleges a Texas Tech Health Sciences Center professor in Lubbock was told medical students could not participate in or observe care for transgender patients, even when those patients sought treatment for unrelated conditions such as hypertension, migraines or cancer. It also says a professor was told a Holocaust course would have to leave the core curriculum if it included instruction on gay and bisexual victims of the Nazis, and that regents barred professors from teaching Plato’s Republic and Between the World and Me, Ta-Nehisi Coates’ National Book Award-winning book about racism in America.
The medical-training allegation underscores the lawsuit’s claim that Texas Tech’s stated exceptions were confusing and inconsistently applied. Creighton’s memos said some material could still be taught when needed for patient care or professional credentials. But the complaint says the Lubbock professor was initially required to remove material about transgender and intersex patients from a medical school course, even though the professor considered it vital to the course and necessary for medical certification exams. The professor was later told medical students could treat transgender patients during third- and fourth-year clinical rotations, according to the complaint, but only after some students’ rotations had already passed.
The groups are asking a judge to declare Creighton’s memos unconstitutional and block the system from enforcing them or any similar policy. The lawsuit, saying faculty members have already had to certify compliance for summer and fall courses, argues the restrictions will continue to harm them as well as deprive students of instruction they would otherwise receive.
Texas Tech University System officials have been asked to comment on the lawsuit. Creighton has previously defended the restrictions as necessary to comply with state and federal law and ensure students are provided with “degrees of value.”
In a December interview with The Chronicle of Higher Education cited in the complaint, Creighton said Texas Tech works to send a message that its “door is open to every walk of life” and said the restrictions were meant to foster “diversity of viewpoint.” Asked whether restricting teaching on gender identity, sexuality and race helped achieve that, Creighton said yes and described the guidance as a “continuum of common sense.”
Creighton, a former Republican state senator, became chancellor in November. In the Senate, he chaired the Higher Education Committee and authored Senate Bill 37, a 2025 law that gave governor-appointed regents more authority over curriculum. Creighton’s Dec. 1 memo described Texas Tech’s course review as the “first step” in implementing that law.
The lawsuit argues Creighton’s memos go beyond what lawmakers ultimately passed. An earlier version of SB 37 would have required regents to eliminate curriculum that taught “identity politics” or was based on theories that systemic racism, sexism, oppression or privilege are inherent in the U.S. or Texas institutions. That language did not become part of the law, but the faculty groups argue Creighton later imposed those restrictions after becoming chancellor.
The complaint points to his broader record as a lawmaker to support its claim that the memos were motivated, at least in part, by racial discrimination. It says that after the George Floyd protests, Creighton opposed efforts to remove Confederate monuments and symbols, backed unsuccessful restrictions on teaching called critical race theory at public universities and colleges and authored Senate Bill 17, the state’s ban on diversity, equity and inclusion offices and programs in higher education.
“Chancellor Creighton is trying to do through fiat what he couldn’t accomplish in the Texas legislature: erase the history, identities and lived experiences of LGBTQ people and people of color from the classroom,” said Nicholas Hite, senior attorney at Lambda Legal.
The faculty groups are represented by Lambda Legal, the Legal Defense Fund and Davis Wright Tremaine LLP.
This article first appeared on The Texas Tribune.
This article originally appeared on Lubbock Avalanche-Journal: Texas Tech leaders sued over limits on race, gender instruction
Reporting by Jessica Priest, The Texas Tribune / Lubbock Avalanche-Journal
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By Jessica Priest, The Texas Tribune | USA TODAY Network
