A federal judge temporarily blocked the Texas A&M University System’s ban on on-campus drag shows on Monday morning, allowing a student group to carry out an upcoming drag event on the College Station campus.
Texas A&M’s drag ban violated the First Amendment, according to a ruling from Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas. The court concluded that drag is “theatrical performance” and falls under First Amendment protections.
“In recent years, the commitment to free speech on campuses has been both challenging and challenged,” ruled Rosenthal. “There have been efforts from all sides of the political spectrum to disrupt or prevent students, faculty, and others from expressing opinions and speech that are deemed, or actually are, offensive or wrong.”
The university did not give valid enough reasons for prohibiting Draggieland, a student-funded annual event organized by the Texas A&M Queer Empowerment Council, the court found.
“The Board’s contention that drag shows, and Draggieland, are not expressive conduct directly contradicts the Board’s simultaneous assertion that drag performances promote an ideology,” the court opinion read.
Last month, the university’s Board of Regents unanimously approved a resolution arguing that drag performances were “likely to create or contribute to a hostile environment for women” and went against university core values. Officials can’t ban something just because they’re uncomfortable with it, according to Adam Steinbaugh, an attorney with the Foundation for Individual Rights and Expression, which sued on the student organization’s behalf.
Following the court’s decision, Draggieland will now push through on Thursday evening, per a motion for an injunction filed by FIRE.
“We’re overjoyed with today’s decision,” said the Queer Empowerment Council in a press release. “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.”
