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Texas A&M Sued by Professor: Free Speech, Due Process at Stake in Gender Identity Lesson Case

Source: Politics – Houston Public Media4 min read

Key Takeaways

  • Professor Melissa McCoul is suing Texas A&M for alleged First Amendment free speech and due process violations.
  • The lawsuit claims McCoul was fired under political pressure from the Governor's office over a gender identity lesson.
  • McCoul's complaint asserts she was denied a required pre-termination hearing, violating her due process rights.
  • Texas A&M has since adopted a policy restricting courses on gender ideology, impacting academic freedom across the system.
  • There is no Texas law prohibiting the teaching of gender identity, making the basis for her firing legally questionable.
So, imagine this: you're a professor, teaching your subject, and then suddenly, you're out of a job. Why? Because you taught a lesson some politicians didn't like. That's what Melissa McCoul, a former lecturer at Texas A&M, is saying happened to her. Now, she's fighting back, suing the university in federal court right here in Houston. This isn't just a workplace dispute; it’s a big showdown about free speech, academic freedom, and the pressure politics puts on our public universities. McCoul claims Texas A&M administrators knowingly broke the rules – violating her First Amendment free speech and due process rights – all to keep political critics happy. Her lawsuit, filed this past Tuesday, paints a pretty stark picture of how things went down. For instance, her complaint alleges that Governor Greg Abbott’s chief of staff actually got in touch with then-university President Mark A. Welsh III, pushing for McCoul’s termination. And if that wasn't enough, she says Provost Alan Sams was told by his own supervisors *not* to give her the hearing she was legally supposed to get before being fired. That's a serious claim about due process, which means you have a right to be heard before losing your job, especially in a public institution. McCoul had been teaching at A&M since 2017, and it was her 'dream job.' She was on the second year of a three-year contract when they fired her last September. She told the press there’s 'no satisfaction' in suing, just sadness. She loves the university and her former students. But she hopes her lawsuit will make A&M think hard before treating anyone else this way. She’s not just suing the university system; she's named the nine regents, Chancellor Glenn Hegar, President Welsh, interim President Tommy Williams, and Vice Chancellor James Hallmark. What does she want? She wants a judge to declare that her lesson on gender identity was okay, that she didn't violate any rules, and that she was fired for simply exercising her academic freedom, which is protected under the First Amendment. She also wants her job back, plus back pay and other damages. The trouble started when State Representative Brian Harrison, a Republican from Midlothian, posted a secretly recorded video of McCoul’s class on X. A student in her summer children’s literature course had confronted her, arguing the lesson on gender identity violated a former president’s executive order. But here’s a key legal point: there's no actual Texas law banning the teaching of gender identity. McCoul's lawsuit explains her course used children’s literature as a way to look at different aspects of society, which is a common academic practice, not an endorsement of specific viewpoints for children. This situation isn't an isolated incident. In the months since McCoul’s firing, public universities across Texas have been reviewing what they teach. Some have even canceled courses or limited content seen as potentially controversial. It's a clear public policy shift, driven by external political pressure. Texas A&M, for its part, has now adopted a 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 even those need extensive review and presidential approval. This kind of policy can severely restrict academic freedom, making professors think twice about what they put in their syllabi. Brian Evans, who leads the American Association of University Professors Texas Conference, said McCoul’s firing was like the 'canary in the coal mine.' He believes A&M had a chance to stand firm against politicians trying to interfere in university matters, but they gave in. That has big implications for how free and independent our public higher education truly is. McCoul is a member of both AAUP and the American Federation of Teachers, and they're covering her legal fees. Neither Texas A&M nor the Governor's office has publicly commented on the lawsuit yet. This case is more than just one person’s fight; it’s a critical test of how far political influence can reach into the classroom and whether academic freedom will hold up in Texas. Your public universities are watching this closely, and so should you.