A federal judge has ruled that a university in the Texas Panhandle did not violate constitutional free speech rights when the university’s president canceled a drag show earlier this year.
U.S. District Judge Matthew Kacsmaryk delivered the ruling recently, marking an unusual decision in the ongoing legal battles surrounding drag shows in the United States. It’s worth noting that federal courts in Florida, Montana, Tennessee, and even another federal judge in Texas have all previously blocked bans on drag shows.
However, Judge Kacsmaryk’s decision rested on the assertion that drag shows constitute “sexualized content” and are therefore subject to greater regulation compared to other forms of free speech.
In his written decision, Kacsmaryk argued, “The First Amendment does not prevent school officials from restricting ‘vulgar and lewd’ conduct that would ‘undermine the school’s basic educational mission’ — particularly in settings where children are physically present.”
The controversy began earlier this year when Walter Wendrell, the president of West Texas A&M University near Amarillo, announced his decision to prohibit drag performances on campus. He argued that such shows discriminated against women and considered them to be divisive and demoralizing misogyny.
Spectrum WT, a campus group supporting LGBTQ+ students and allies, had organized a drag show fundraiser for the Trevor Project, a nonprofit focused on preventing suicide among LGBTQ+ youth. They defended drag as a celebration of various themes, including queerness, gender, acceptance, love, and femininity.
Spectrum WT, along with two student leaders, pursued legal action against the university with the support of the Foundation for Individual Rights and Expression (FIRE), a national civil liberties organization. FIRE strongly disagreed with the court’s interpretation of the First Amendment and plans to appeal the decision.
The university spokesperson, Kelly Polden, declined to comment on the litigation.
It’s worth noting that Judge Kacsmaryk, an appointee of former President Donald Trump, previously made headlines by issuing a ruling that temporarily halted the approval of the most common abortion method in the nation. However, the U.S. Supreme Court later preserved access to the drug and prevented the restriction from taking effect during an ongoing lawsuit.
Drag shows continue to face opposition from right-wing activists and politicians, with Republican lawmakers in multiple states, including Texas, proposing restrictions. Events like drag story hours, where drag queens read to children, have also drawn protesters.
In contrast to misconceptions, drag performances typically do not involve nudity or stripping, which are more characteristic of burlesque. Explicitly sexual and profane language may be part of some drag acts, but these elements are typically avoided when the audience includes children. Shows meant for adults often provide advance warnings about potentially inappropriate content.