Judge blocks Texas A&M drag ban

A federal judge handed a preliminary victory Monday to an LGBTQ student group that sued the Texas A&M University System and its flagship over a policy effectively banning drag performances on each of its 11 campuses.

The university system’s Board of Regents voted almost unanimously in February to adopt a resolution stating drag events are inconsistent with the system’s “mission and core values, including the value of respect for others.”

“These events often involve unwelcome and objectively offensive conduct based on sex for many members of the respective communities of the universities, particularly when they involve the mockery or objectification of women,” states the resolution, adding that such performances may violate university-wide anti-discrimination policies and Title IX, the federal civil rights law against sex discrimination.

The document cites an executive order President Trump signed on his first day back in office, which proclaims the government recognizes only two sexes, male and female, and broadly prevents federal funds from being used to promote what Trump and his administration have called “gender ideology.”

Texas Gov. Greg Abbott (R) directed state agencies to implement Trump’s order in a letter in January.

The resolution argues, “Given that both the System and the Universities receive significant federal funding, the use of facilities at the Universities for Drag Show Events may be considered promotion of gender ideology in violation of the Executive Order and the Governor’s directive.”

The Queer Empowerment Council, a student organization at Texas A&M University, the system’s flagship institution, argued in a lawsuit this month that the resolution violates their free speech rights and the Texas Open Meetings Act, which requires governmental bodies to post a meeting’s location and agenda at least 72 hours in advance.

In her ruling on Monday, Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas said the group is likely to succeed in showing the ban on drag shows violates the First Amendment.

“In recent years, the commitment to free speech on campuses has been both challenging and challenged,” wrote Rosenthal, an appointee of former President George H. W. Bush. “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. But the law requires the recognition and application of speech rights and guardrails that preserve and protect all our treasured First Amendment rights.”

The ruling means “Draggieland,” an annual drag competition at A&M, will go on as scheduled March 27 at the school’s Rudder Theatre.

A spokesperson for the A&M University System did not immediately return a request for comment.

“We’re overjoyed with today’s decision,” members of the Queer Empowerment Council said Monday in a joint statement. “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.”

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