Federal Judge Lee H. Rosenthal issued a temporary injunction yesterday (Monday, March 24) blocking the Texas A&M University System from enforcing a policy banning drag shows held at the university system’s special event venues, the Texas Tribune has reported.
Judge Rosenthal’s ruling clears the way for the annual Draggieland pageant to proceed as planned at A&M’s Rudder Theatre at the main campus in College Station. The Tribune explained that in Draggieland, contestants wear makeup and/or clothing that usually — but not always — run “counter to their expected gender identity. Contestants dance and answer questions about what drag and LGBTQ culture mean to them.
The event has been produced each year since 2020 by the Queer Empowerment Council and has repeatedly sold out the 750-seat venue.
Judge Rosenthal said in her ruling that the Queer Empower Council is likely to succeed in showing that the ban imposed by the A&M system violates the First Amendment right to free speech.
As NBC News notes, Rosenthal said that in allowing the show to go on as planned, university officials are not implying endorsement of Draggieland’s message, but instead is just “complying with the constitutional obligation to allow different messages and viewpoints, including those viewed as offensive to some.”
Besides, the judge added, “Anyone who finds the performance or performers offensive has a simple remedy: Don’t go.”
“Anyone who finds the performance or performers offensive has a simple remedy: Don’t go.”
Judge Lee H. Rosenthal
The Queer Empowerment Council lawsuit argued that public universities are not allowed to censor student performances based on a personal dislike or opposition to content or ideology.
The Texas A&M regents, who had imposed the ban through a resolution issued in February, said they were simply following orders from Donald Trump and Greg Abbott, both of whom have issued executive orders telling agencies not to “promote gender ideology” or risk losing federal and state funding. The regents — echoing 2023 claims by West Texas A&M President Walter Wendler who cancelled a planned student drag show there — said that drag shows degrade women.
Students at West Texas A&M also challenged that ban in court, but the judge there has said drag shows are not clearly protected under the First Amendment, noting that children had been expected to attend the show there. But the College Station Draggieland event is an 18-and-up-only show.
Queer Empowerment Council issued a written statement applauding the ruling: “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.”
— Tammye Nash