Court Decision Reinstates Drag Shows at Texas A&M, Frees Student Expression

A federal judge has overturned Texas A&M University’s ban on drag performances, ruling that the prohibition violates First Amendment rights, setting the stage for the university’s annual “Draggieland” show to proceed despite opposition from state officials.

Key Takeaways

U.S. District Judge Lee Rosenthal issued a temporary injunction against Texas A&M’s drag show ban, calling it unconstitutional viewpoint discrimination.
The Texas A&M Board of Regents had banned drag shows claiming they violated university values and a Trump executive order on “gender ideology.”
Judge Rosenthal emphasized that drag performances are protected as artistic expression under the First Amendment.
The ruling allows the annual “Draggieland” event to proceed while litigation continues.
Texas Governor Greg Abbott opposed the decision, stating universities should not host events promoting what he termed “radical gender ideology.”

Federal Judge Blocks University’s Drag Ban

U.S. District Judge Lee Rosenthal has temporarily blocked Texas A&M University System’s ban on drag performances across its campuses. The ruling came after the university’s Board of Regents passed a resolution prohibiting drag shows, which led to the cancellation of the flagship campus’s annual “Draggieland” drag performance. The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on behalf of the Texas A&M Queer Empowerment Council, arguing that the ban violated First Amendment protections.

In her ruling, Judge Rosenthal determined that the university’s ban constituted viewpoint discrimination, making it unconstitutional. The judge’s decision allows the Draggieland event to proceed as planned at Texas A&M’s Rudder Theatre while litigation continues. The annual pageant features contestants in drag discussing drag and LGBTQ culture and is intended for audiences 18 and older, with no children expected to attend.

Constitutional Protections for Artistic Expression

Judge Rosenthal’s ruling emphasized that drag performances are a protected art form under the First Amendment. The Board of Regents had argued that drag performances could violate the university’s mission and potentially contribute to a hostile environment for women. However, Rosenthal found no evidence that previous Draggieland events had led to harassment or complaints from female students.

“The QEC’s complaint makes clear that by donning clothing and makeup traditionally associated with the opposite sex, Draggieland performers intend to convey a message of LGBTQ+ support by engaging in a protected art form. The performers are just that: performers. They are acting. The performance is theater. It is not about individuals seeking to change their biological sex or claim a different biological sex. It is about actors who perform dressed differently than their biological sex. Again, the Board’s argument conflates the existence of two sexes with different ways to express sexuality and sexual themes.” – Judge Lee H. Rosenthal

The judge also clarified that the Trump executive order on “gender ideology” cited by the Board of Regents did not apply to drag shows. Rosenthal noted that the First Amendment prohibits banning performances simply because some people may find them offensive, stating directly: “Anyone who finds the performance or performers offensive has a simple remedy: don’t go.”

Broader Implications for Campus Speech

This ruling comes amid broader debates about free speech and content restrictions at publicly funded institutions. In 2023, Texas passed Senate Bill 12 restricting drag performances, but it was later struck down as unconstitutional. Following Texas A&M’s resolution, the University of Texas System also enacted a ban on drag shows at its institutions, potentially setting the stage for similar legal challenges.

“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

Texas Governor Greg Abbott expressed opposition to the ruling, stating: “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.” The Texas A&M University System has indicated it is reviewing the judge’s opinion and considering next steps.

The Queer Empowerment Council celebrated the decision, saying: “This is another display of the resilience of queer joy, as that is an unstoppable force despite those that wish to see it destroyed. While this fight isn’t over, we are going to appreciate the joy we get to bring by putting on the best show that we can do.”