Texas A&M’s controversial ban on drag shows has been struck down by a federal judge, forcing the university to permit an upcoming student-run performance despite objections from the state’s governor and university leadership.
Quick Takes
- U.S. District Judge Lee Rosenthal temporarily blocked Texas A&M University System’s ban on drag performances, ruling it violated First Amendment rights.
- The university’s Board of Regents had banned the annual “Draggieland” event, falsely claiming it violated a Trump executive order against promoting “gender ideology.”
- Judge Rosenthal emphasized that banning performances that some find offensive runs contrary to constitutional protections in a university setting.
- Governor Greg Abbott opposed the ruling, asserting universities should prohibit events promoting what he termed “radical gender ideology.”
- The ruling allows the student-run “Draggieland” event to proceed as planned at Texas A&M’s Rudder Theatre.
Judge Overrules University’s Constitutional Overreach
U.S. District Judge Lee H. Rosenthal has issued a temporary injunction against Texas A&M University System’s ban on drag performances, allowing the traditional “Draggieland” event to proceed while litigation continues. The Texas A&M Board of Regents had passed a resolution prohibiting drag shows across its campuses, citing concerns about the university’s mission and claiming such performances could create a hostile environment for women. This ban led to the cancellation of the annual Draggieland event at the flagship campus, prompting the Queer Empowerment Council to file a lawsuit with support from the Foundation for Individual Rights and Expression (FIRE).
In her ruling, Judge Rosenthal found no evidence supporting the university’s claims that drag performances contributed to harassment or generated complaints from female students. She also dismissed the Board’s argument that drag shows violated a Trump executive order on “gender ideology,” noting that such an order did not apply to theatrical performances. The university’s assertion that the venue was a “limited public forum” giving them greater control over its use was also rejected by the court as the ban was determined to constitute viewpoint discrimination.
First Amendment Protections Upheld
Judge Rosenthal’s decision emphasized the constitutional obligation of public universities to allow diverse viewpoints and messages, even those that some might find objectionable. The Queer Empowerment Council celebrated the ruling as a victory for free expression, while Texas A&M University System has stated it is reviewing the judge’s opinion and considering next steps. This case represents another instance where attempted restrictions on drag performances have been challenged and overturned on constitutional grounds, similar to the fate of Texas Senate Bill 12 which was struck down as unconstitutional after attempting to restrict drag performances statewide.
“By permitting Draggieland to be held on campus, in the theatre used for a wide variety of events and performances, for those who want to attend and have bought tickets to do so, the Board does not imply that it endorses Draggieland’s message. Instead, the Board is complying with the constitutional obligation to allow different messages and viewpoints, including those viewed as offensive to some, to be expressed at a university that is committed to critical thought about a wide range of conflicting and divergent viewpoints and ideologies.” – Judge Lee H. Rosenthal
In her detailed opinion, the judge clarified that drag performances are a protected art form and not about individuals seeking to change their biological sex. Draggieland is an annual pageant featuring drag performances and discussions about drag and LGBTQ culture. The event is intended for adult audiences 18 and older, with no children expected to attend. The university’s ban had prompted similar restrictions at institutions within the University of Texas System, potentially impacting student expression across multiple campuses.
Political Reactions and Controversy
The ruling has elicited strong reactions from Texas leadership. Governor Greg Abbott publicly opposed the decision, stating that universities should be able to control what events occur on their campuses. Abbott’s position reflects ongoing political divisions regarding LGBTQ expression in educational settings across Texas and other conservative states, where there have been numerous legislative attempts to restrict drag performances in public venues.
“Texas universities have every right to dictate what events are held on their campuses. Drag shows promote radical gender ideology. They are not welcome at Texas universities. Our universities must educate our students—NOT indoctrinate them.” – Texas Republican Gov. Greg Abbott
The Queer Empowerment Council celebrated the ruling as a testament to the resilience of LGBTQ expression despite opposition. The judge’s decision pointed out a simple remedy for those who find the performances offensive: don’t attend. This case illustrates the ongoing tension between institutional attempts to regulate campus expression and constitutional protections for speech and artistic performance, particularly when that expression relates to LGBTQ themes that remain politically divisive in many parts of the country.
Sources:
- Judge blocks Texas A&M University’s drag ban
- Texas A&M can’t ban “Draggieland” drag show, federal judge rules
- Federal judge rules Texas A&M can’t ban drag queen show on campus
