House Resolution 7661 would amend the Elementary and Secondary Education Act of 1965 to prohibit federal education funds from being used to develop, facilitate, or promote programs or literature for children under 18 that include “sexually oriented material.” The bill defines this term to include any content involving “gender dysphoria or transgenderism,” creating a federal mechanism to restrict books and literary works addressing LGBTQ+ themes from schools receiving federal funding. Introduced hours after President Trump’s February 24, 2026 State of the Union address calling to “ban it immediately,” the legislation includes exemptions for “standard science coursework,” religious texts, and narrowly defined classic literature and art, though it does not clarify whether materials within these categories that discuss gender identity would be protected or prohibited. Advocacy organizations have characterized the measure as establishing a nationwide book ban targeting transgender and gender-nonconforming youth.

A divided U.S. Fifth Circuit Court of Appeals panel vacated a district court injunction that had blocked enforcement of Texas Senate Bill 12 since 2023, allowing the state to resume enforcing the law restricting “sexually oriented performances” in public or before minors. The ruling found most plaintiffs lacked standing and remanded the case for further constitutional review under new Supreme Court standards. The law imposes Class A misdemeanor penalties (up to one year in jail and $4,000 fine for individuals; up to $10,000 for business entities), raising concerns about suppression of drag performance art and LGBTQ+ cultural expression despite the court’s statement that the law only applies to performances deemed “sexually oriented” and “erotic.”

On June 27, 2025, the Supreme Court ruled 6-3 in Mahmoud v. Taylor that schools must notify parents and allow religious opt-outs from lessons using LGBTQ-themed storybooks. The decision creates legal and financial incentives for schools to preemptively remove LGBTQ+ literature from classrooms to avoid lawsuits, effectively restricting students’ access to diverse cultural expression and limiting their ability to participate in literary education that reflects varied identities and experiences. Justice Sotomayor’s dissent warned the ruling would have a “chilling effect” that leads to censorship of artistic and cultural materials in school curricula nationwide.