Judge Strikes Down Ban On University Drag Performances

A federal judge has struck down Texas A&M University’s ban on a controversial drag performance, sparking fresh debate about free speech on college campuses. The ruling challenges the university’s Board of Regents’ attempt to align campus events with traditional values.

At a glance:

• Federal Judge Lee Rosenthal temporarily blocked Texas A&M University System’s ban on drag performances

• The Texas A&M Board of Regents had banned drag shows, citing potential violations of a Trump executive order

• The university’s Queer Empowerment Council sued, claiming First Amendment violations

• Judge Rosenthal ruled the ban constituted viewpoint discrimination and was unconstitutional

• Texas Governor Greg Abbott strongly opposed the ruling, stating universities shouldn’t promote “radical gender ideology”

Judge Overrules University’s Ban on “Draggieland”

In a significant blow to conservative efforts to regulate campus activities, U.S. District Judge Lee Rosenthal has temporarily blocked Texas A&M University’s ban on drag performances. The ruling allows the annual “Draggieland” event to proceed while litigation continues, despite strong opposition from university leadership and Texas Governor Greg Abbott.

The Texas A&M Board of Regents had passed a resolution prohibiting drag shows across all its campuses, leading to the cancellation of the student-organized “Draggieland” event. University officials claimed the performances violated the institution’s mission and could potentially create a hostile environment for female students.

First Amendment Showdown

The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on behalf of the university’s Queer Empowerment Council, arguing that drag shows are protected under the First Amendment. Judge Rosenthal sided with the students, saying the university’s ban amounted to unconstitutional viewpoint discrimination.

“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,” wrote Judge Rosenthal. “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.”

The ruling stressed that drag performances are a protected art form of expression and rejected the university’s argument that the ban was necessary to comply with a Trump executive order on “gender ideology.” Judge Rosenthal clarified that drag shows involve actors performing in character and do not attempt to change biological sex.

Conservative Backlash and Concerns

Texas Governor Greg Abbott spoke out against the court’s decision, arguing that universities should control what happens on their campuses.

Writing on social media, Abbott stated that “Drag shows promote radical gender ideology. They are not welcome at Texas universities. Our universities must educate our students—NOT indoctrinate them.”

Conservative advocacy groups have raised concerns about the often explicit nature of drag performances. Some point to examples of drag queen activists who have been exposed for inappropriate behavior or even crimes against minors, though no such allegations have been made against the Texas A&M student performers.

The ruling comes as similar bans on drag performances are challenged in multiple states. In 2023, Texas passed Senate Bill 12 restricting drag performances statewide, but it was subsequently struck down as unconstitutional by federal courts.