A federal judge has temporarily blocked Texas A&M University from enforcing its ban on drag shows, siding with an LGBTQ student organization that challenged the policy.
U.S. District Judge Lee Rosenthal of Texas granted a preliminary injunction on Monday in favor of the Queer Empowerment Council, the student group behind “Draggieland,” an annual drag competition held at Texas A&M since 2020. The decision clears the way for the event to proceed as planned on Thursday at a campus venue.
Judge: Ban Likely Violates Free Speech Rights
Judge Rosenthal, a George H.W. Bush appointee, ruled that the university’s system-wide drag ban likely infringes upon students' free speech rights.
“In recent years, the commitment to free speech on campuses has been both challenging and challenged,” Rosenthal wrote. “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 comes in response to the Texas A&M Board of Regents' February 28 resolution, which stated that drag shows are “inconsistent with the System’s mission and core values of its Universities.” The board’s decision cited a Trump-era executive order defining gender strictly as male and female, as well as a directive from Texas Governor Greg Abbott instructing state agencies to comply with the order.
University's Justification and Legal Challenge
The Board of Regents claimed that drag performances could create a “hostile environment for women,” potentially violating Title IX protections against sex-based discrimination. The resolution argued that such events involve “unwelcome and objectively offensive conduct based on sex for many members of the respective communities of the Universities.”
Following the ban, the Queer Empowerment Council sued the university and sought emergency legal intervention. The group, represented by the Foundation for Individual Rights and Expression (FIRE), argued that the ban amounted to government censorship and violated students' right to express themselves through performance.
Rosenthal’s ruling directly addressed Texas A&M’s rationale, emphasizing that drag performances, like other forms of artistic and expressive speech, are protected under the Constitution. The judge also pointed out that the university’s argument about harm to students did not justify an outright ban.
“Anyone who finds the performance or performers offensive has a simple remedy: don’t go,” Rosenthal wrote.
Broader Implications and Reaction
The university had already canceled the Draggieland event scheduled for March 27 after tickets had been sold, but the judge’s ruling reinstates it. While the legal battle is not over, the Queer Empowerment Council celebrated the decision, saying they are eager to move forward with the revived show this week.
“We’re thrilled that free speech has prevailed, and we look forward to celebrating our community at Draggieland,” the group said in a statement.
Texas A&M did not respond to media requests for comment.
This ruling comes amid broader tensions over drag performances on college campuses. In 2023, West Texas A&M University’s president canceled a charity drag show, arguing that drag degrades and stereotypes women. That case led FIRE to file an emergency request with the Supreme Court, which declined to intervene.
With the temporary injunction in place, Texas A&M must allow the Draggieland event to proceed while the lawsuit continues. The outcome of the case could set a precedent for how public universities across the country handle student-led drag performances and other forms of expressive speech in the future.
