A federal judge has temporarily blocked Texas A&M University from banning drag shows, ruling on Monday that a LGBTQ student organization will likely succeed in arguing the university system’s ban violates the First Amendment.
U.S. District Judge Lee Rosenthal of Texas handed the plaintiff, the Queer Empowerment Council, a preliminary victory as the case makes its way through the court. The ruling arrived three days before the group is set to host “Draggieland,” an annual drag competition that Texas A&M has held since 2020. The show is scheduled to proceed at a campus venue on Thursday.
In the opinion, the judge sided with the plaintiff’s argument that the ban on drag shows violated its free speech rights.
“In recent years, the commitment to free speech on campuses has been both challenging and challenged,” wrote Rosenthal, who was appointed by former President George H.W. Bush.
“There have been efforts from all sides of the political spectrum to disrupt or prevent students, faculty, and others from expressing opinions and speech that are deemed, or actually are, offensive or wrong. But the law requires the recognition and application of speech rights and guardrails that preserve and protect all our treasured First Amendment rights.”
On February 28, the Texas A&M Board of Regents voted to adopt a resolution stating drag events on campus are “inconsistent with the System’s mission and core values of its Universities.” The system oversees eleven universities across the state.
The board cited President Donald Trump’s executive order recognizing only two sexes and prohibiting federal funding from being used to promote gender ideology. The governing body also acknowledged Governor Greg Abbott’s letter ordering state agencies to comply with Trump’s order. Abbott’s directive prompted Texas A&M, which also oversees eight state agencies, to consider the resolution.
“The Board finds that Drag Show Events are likely to create or contribute to a hostile environment for women contrary to System anti-discrimination policy and Title IX of the Education Amendments of 1972 (Title IX),” the resolution states in part, “as these events often involve unwelcome and objectively offensive conduct based on sex for many members of the respective communities of the Universities, particularly when they involve the mockery or objectification of women.”
Displeased with the measure, the Queer Empowerment Council sued the Texas A&M Board of Regents and filed a motion for a temporary restraining order and preliminary injunction earlier this month. The plaintiff is being represented by the Foundation for Individual Rights and Expression, which hailed Monday’s ruling.
Meanwhile, the defendants argued they were only trying to comply with federal and state law.
The regents’ vote canceled the Draggieland performance scheduled for March 27 after tickets for the event were already sold. The judge said because it is a “ticketed event,” no one who does not want to attend is forced to do so.
“Anyone who finds the performance or performers offensive has a simple remedy: don’t go,” Rosenthal wrote.
The Queer Empowerment Council said while the legal battle isn’t finished, it is looking forward to putting together the revived Draggieland show this week.
Texas A&M did not respond to National Review’s request for comment.
In 2023, West Texas A&M’s president canceled a charity drag show on the basis that drag degrades and stereotypes women. The move caused FIRE to file an emergency request to the Supreme Court last March on behalf of a separate LGBTQ student group. The Court ultimately declined to intervene in the case.