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Texas A&M Professor Sues, Citing Free Speech and Due Process Violations After Gender Identity Lesson
Key Takeaways
- •Former A&M professor Melissa McCoul alleges her termination after a gender identity lesson violated her First Amendment free speech rights.
- •McCoul's lawsuit claims her Fourteenth Amendment due process rights were denied, citing allegations that a required pre-termination hearing was withheld.
- •The lawsuit specifies alleged political interference, stating the Governor's chief of staff contacted the A&M president to push for McCoul's firing.
- •Texas A&M subsequently adopted a policy restricting courses on gender ideology and sexual orientation, raising public policy concerns about academic freedom.
- •McCoul seeks reinstatement, back pay, and punitive damages, challenging the university's actions as an infringement on her academic freedom.
Alright, let's talk about something big happening right here in Texas that hits on academic freedom, political pressure, and your constitutional rights. A former Texas A&M professor, Melissa McCoul, has just taken the university to federal court in Houston. She claims they fired her after a lesson on gender identity, not because she did anything wrong, but because they buckled to political pressure. That’s a serious accusation, alleging violations of both her free speech and due process rights.
This isn’t just an argument about a job. This lawsuit pulls back the curtain on how her firing went down, and some of the details are pretty stark. According to McCoul’s legal filing, the Governor’s chief of staff supposedly reached out directly to Texas A&M’s then-president, Mark A. Welsh III, to push for her termination. And if that’s not enough, her lawsuit claims the Provost, Alan Sams, was told by his own superiors to skip giving McCoul the required hearing before she was let go. That’s a big deal when it comes to due process – a fundamental right that ensures you get a fair shake before the government, or in this case, a public university, takes action against you.
McCoul, who started at A&M in 2017, taught for years and says teaching there was her "dream job." She’s shared that filing this lawsuit brings her no joy, only sadness. She still cares about the university, her former colleagues, and the students. Her hope is that this legal challenge will make A&M pause and think twice before treating others the way she claims she was treated.
You might be wondering who exactly she’s suing. It’s not just the university itself. McCoul’s lawsuit names the entire Texas A&M University System, all nine members of its board of regents, Chancellor Glenn Hegar, the former president Mark Welsh, interim President Tommy Williams, and Vice Chancellor for Academic Affairs James Hallmark. She’s definitely going after the top leadership.
At the heart of her legal fight, McCoul is asking a judge to make a clear declaration: that she didn't actually break any laws or university rules by teaching about gender identity. Instead, she wants the court to confirm that her termination was a direct attack on her academic freedom, a right that’s supposed to be protected by the First Amendment of the U.S. Constitution.
She isn’t just looking for a declaration either. McCoul wants her job back. She’s also seeking back pay for the time she’s been out of work, other restitution, and even punitive damages. Remember, she was only in the second year of a three-year contract when she was fired last September.
So, how did all this start? It kicked off after State Representative Brian Harrison, a Republican from Midlothian, posted a secretly recorded video on X. The video showed McCoul teaching about gender identity in a summer children’s literature class. A student in that class had reportedly confronted her, arguing that her lesson went against an executive order from former President Donald Trump. But here’s the kicker: there’s no specific Texas law that prohibits teaching about gender identity. McCoul explains that her children’s literature course wasn’t just about recommending books for kids; it used literature as a way to examine different aspects of society.
This whole episode seems to be part of a larger trend. In the months since McCoul’s firing, Texas A&M and other public universities across the state have been scrutinizing their course offerings. Some have even canceled classes or put strict limits on what can be taught, especially if it’s seen as "controversial." Texas A&M itself enacted a new policy that bans courses from "advocating race or gender ideology, or topics related to sexual orientation or gender identity." There are exceptions for certain non-core or graduate courses, but these need to be rigorously reviewed, proven to serve a "necessary educational purpose," and get written approval from a campus president. That’s a pretty tight leash.
Brian Evans, who leads the American Association of University Professors (AAUP) Texas Conference, didn't mince words about A&M’s actions. He called McCoul’s firing the "canary in the coal mine." He believes the university had a chance to stand firm against political interference in academic matters but instead gave in. That’s a tough assessment.
McCoul isn’t going through this alone. She’s a member of both the AAUP and the American Federation of Teachers, and those organizations are stepping up to cover her legal costs.
As for the university or the Governor’s office, neither has publicly responded to the lawsuit’s allegations yet. But you can bet this case is going to be watched closely by academics, legal experts, and anyone interested in the future of free speech and higher education in Texas. This isn't just about one professor; it’s about the boundaries of political influence and academic freedom in our public institutions.
Original source: Texas State Government: Governor, Legislature & Policy Coverage.
