Drag shows to resume on campus at West Texas A&M after judge rules ban unconstitutional
A federal appellate judge has halted a ban on student drag performances at a Texas university in what some free speech advocates hailed as a significant victory.
The U.S. Court of Appeals for the Fifth Circuit on Tuesday struck down a lower court ruling that temporarily halted West Texas A&M University’s ban on student drag performances. The decision allows student groups, including the pro-LGBT organization Spectrum WT, to host drag shows on campus while litigation continues.
The controversy began in March 2023 when West Texas A&M President Walter Wendler unilaterally canceled a drag show organized by Spectrum WT to raise funds for suicide prevention. In a campus-wide email, Wendler justified the cancellation, stating that the event offended and demeaned women, while acknowledging that “the law of the land appears to require” him to allow it. Wendler later canceled a second drag show planned for March 2024.
The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit on behalf of Spectrum WT, President Bear Bright, and Vice President Marcus Stovall, arguing that Wendler’s actions violated the students’ First Amendment rights. Although a district court initially denied FIRE’s motion for a preliminary injunction in September 2023, the Fifth Circuit’s ruling on Tuesday overturned that decision.
Judge Leslie H. Southwick, writing for the majority, emphasized that theatrical performances, including drag shows, are protected expressive conduct under the First Amendment. The court found a substantial likelihood that Spectrum WT’s claims would succeed, ruling that Wendler’s censorship failed to meet constitutional standards.
“FIRE is pleased that the Fifth Circuit has halted President Wendler’s unconstitutional censorship and restored the First Amendment at West Texas A&M,” said FIRE Supervising Senior Attorney JT Morris. “This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.”
FIRE Attorney Adam Steinbaugh added, “We’re overjoyed that our clients will now be able to express themselves freely, and we’ll be watching to make sure that President Wendler obeys the law of the land while the case proceeds.”
In response to a CP request for comment, Wendler’s office declined, adding that the university doesn't comment on pending litigation.
In March, U.S. District Judge Lee H. Rosenthal granted a temporary injunction against a similar drag show ban across Texas A&M University’s 11 campuses. The ruling ensures that “Draggieland,” an annual drag show organized by the Queer Empowerment Council at Texas A&M University-College Station, can proceed as planned. In her ruling, Judge Rosenthal emphasized the constitutional protections afforded to theatrical expression like drag, drawing on centuries of historical precedent.
“Performances by men dressed as women are nothing new,” she wrote. “Men have been dressing as women in theater and film for centuries. It is well-established among scholars of Shakespeare’s literary works that, when his plays were written and performed, female characters were played by young men dressed in women’s attire.” She referenced the Royal Shakespeare Company’s documentation, noting how this practice was standard in Elizabethan England.
