Federal judge overrules Texas A&M’s drag show ban, upholding First Amendment rights despite the university board’s claim that such performances violated campus values and mission.
Key Insights
- U.S. District Judge Lee Rosenthal issued a temporary injunction allowing Texas A&M’s “Draggieland” performance to proceed despite the Board of Regents’ ban.
- The judge ruled that the university’s ban constituted unconstitutional viewpoint discrimination that violated First Amendment protections.
- Texas A&M had claimed drag shows could contribute to a hostile environment for women and violated a Trump executive order on “gender ideology.”
- Judge Rosenthal emphasized that drag performances are protected art forms and that those offended have a simple solution: “don’t go.”
- The ruling occurs amid broader legal battles over similar drag performance restrictions in other states.
Constitutional Confrontation at Texas A&M
A federal judge has temporarily blocked Texas A&M University System’s controversial ban on drag performances across its campuses. The ruling allows the annual “Draggieland” show to proceed as originally planned at the university’s Rudder Theatre. The Texas A&M Board of Regents had previously passed a resolution prohibiting drag shows, citing potential violations of the university’s mission and claiming they could contribute to a hostile environment for female students. This resolution led to the cancellation of Draggieland, which prompted legal action from student organizers who argued their First Amendment rights were being violated.
U.S. District Judge Lee H. Rosenthal sided with the students, issuing a temporary injunction that allows the performance to continue while litigation proceeds. The judge was unambiguous in addressing the university’s constitutional obligations, finding no evidence that Draggieland had ever contributed to harassment or generated complaints from female students. Texas A&M officials stated they are reviewing the judge’s opinion and considering their next steps, while the event organizers are proceeding with their plans to host the adult-only pageant featuring discussions about drag and LGBTQ culture.
Legal Reasoning Behind the Ruling
Judge Rosenthal’s decision emphasized that banning performances based on offense taken by some viewers runs counter to First Amendment principles. The Foundation for Individual Rights and Expression (FIRE) filed the lawsuit on behalf of the Queer Empowerment Council, arguing that drag shows represent protected speech. The university attempted to defend its ban by claiming Rudder Theatre was a “limited public forum” that allowed more control over its use, and that the performances potentially violated an executive order regarding “gender ideology” issued during the Trump administration.
“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
The judge flatly rejected these arguments, noting that Trump’s executive order did not apply to drag shows and clarifying that such performances are about theater and expression rather than attempts to change biological sex. Judge Rosenthal specifically noted that the ban constituted viewpoint discrimination, which is unconstitutional. The ruling emphasized a simple principle regarding potentially offensive content: “Anyone who finds the performance or performers offensive has a simple remedy: don’t go.”
Broader Context and Reaction
The Texas A&M case reflects a wider legal battle over drag performances in America. In 2023, Texas passed Senate Bill 12 restricting drag performances, but that legislation was also struck down as unconstitutional. Similarly, the Texas A&M resolution prompted the University of Texas System to implement similar bans at its institutions. These actions represent part of a nationwide trend of legislation targeting drag performances in various states, many of which have faced legal challenges.
“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
Student organizers have expressed excitement about the ruling while acknowledging that the legal battle continues. “This is another display of the resilience of queer joy, as that is an unstoppable force despite those that wish to see it destroyed,” the Queer Empowerment Council stated following the decision. The Draggieland event, intended for audiences 18 and older, will proceed at Texas A&M’s Rudder Theatre as initially planned, with no children expected to attend. Meanwhile, Texas Governor Greg Abbott has publicly opposed the ruling, maintaining that universities should have control over what events are held on their campuses.
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
