Federal Judge Strikes Down Texas A&M’s Drag Show Ban.
A federal judge has temporarily blocked the Texas A&M University System from enforcing its drag show ban, marking a significant victory for LGBTQ+ rights on campus.
The ruling is a major win for the Texas A&M Queer Empowerment Council (QEC), which had planned to host a drag show on one of the university system's campuses later this month.
The QEC filed the lawsuit in response to the university's February 2025 decision to prohibit drag performances, arguing that the ban violated their First Amendment rights.
The Texas A&M Drag Show Ban Controversy
In February, the Texas A&M Board of Regents voted to prohibit drag shows on university campuses, citing concerns about the performances being "inconsistent with the System's mission" and potentially contributing to a hostile environment for women.
The resolution contended that drag shows frequently involve "unwelcome and objectively offensive conduct based on sex."
Furthermore, the board cited former President Donald Trump’s executive order, which sought to restrict federal funding for activities promoting "gender ideology," asserting that drag shows were in violation of this directive.
The Lawsuit and Free Speech Claims
The Texas A&M Queer Empowerment Council, which had already sold 168 tickets for its planned Draggieland performance on March 27, filed a lawsuit against the ban.
Represented by the Foundation for Individual Rights and Expression (FIRE), the lawsuit accused the university of infringing upon the group’s First Amendment rights. The legal team argued that drag performances should be recognized as expressive conduct and protected speech under the Constitution.
Court Ruling: A Victory for Free Speech
On Monday, March 5, U.S. District Judge Lee Rosenthal ruled in favor of the QEC, halting the ban. In her opinion, Judge Rosenthal emphasized the importance of free speech, stating that the law requires recognition and protection of speech rights, even for performances that might be deemed offensive.
Judge Lee Rosenthal ruled that drag performances are indeed “expressive conduct” and fall under First Amendment protections. According to Rosenthal, the Texas A&M Board could not simultaneously argue that drag performances promote an ideology while asserting they are not expressive acts.
Implications for LGBTQ+ Rights and Campus Expression
This ruling has significant implications for both LGBTQ+ rights and free speech on college campuses. Judge Rosenthal dismissed the argument that drag shows violated Trump’s executive order on gender ideology, stating that the performances were theatrical acts, not political statements about gender.
The decision also clarifies the legal standing of artistic expression like drag shows, reinforcing the right of students to engage in performances that might challenge societal norms.
The QEC celebrated the ruling as a victory for "queer joy" and resilience, further emphasizing the importance of these performances in promoting LGBTQ+ visibility and acceptance.
While the lawsuit victory is a step forward for LGBTQ+ rights, the struggle continues. Despite the court’s ruling, the Texas A&M drag show ban remains part of the broader political debate about gender expression and free speech on college campuses.
LGBTQ+ groups and student organizations will likely continue to push back against policies that restrict such forms of expression, seeking to create more inclusive environments on college campuses across the country.
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