Judge: Texas A&M Can’t Ban Drag Shows On Campus

Today, Judge Lee H. Rosenthal of the Southern District of Texas ruled that a campus drag ban at Texas A&M is unconstitutional. As a result of the ruling an upcoming drag show known as “Draggieland” will proceed on Thursday, March 27. 

In February, Texas A&M regents announced that they were banning drag shows on all state campuses. The resolution had passed during a special meeting unanimously after executive orders targeting diversity, equity, inclusion programs on colleges were announced by the Trump White House.

The Foundation for Individual Rights and Expression filed a lawsuit against the drag ban on behalf of the Texas A&M Queer Empowerment Council, who is sponsoring Draggieland. Last week, Texas Attorney General Ken Paxton announced his office was defending the A&M board in the lawsuit. He also referred to drag shows as “offensive and obscene.” 

Rosenthal, who was appointed by George H.W. Bush, noted in her ruling that A&M’s ban was a blatant violation of the First Amendment. “The Board, and some members of the A&M community, are offended by the Draggieland performance,” wrote Rosenthal. “To ban the performance from taking place on campus because it offends some members of the campus community is precisely what the First Amendment prohibits.”

In a statement after the ruling, an attorney for FIRE applauded Rosenthal’s decision and described it as a “victory” for the First Amendment. “State officials should stop trying to score political points at the expense of students’ First Amendment rights,” said attorney Adam Steinbaugh.

The Queer Empowerment Council of Texas A&M also said they were “overjoyed” with the decision. “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,” they said in a statement. Draggieland is set to take place Thursday at Rudder Theater.