First Amendment win: Federal judge blocks Texas A&M's drag ban

A group of people gathers in front of a neoclassical-style building during a protest or rally. A person in the foreground holds a bright yellow sign that reads "Drag is Beautiful" with a heart symbol. Another yellow sign partially visible on the left says "No LGB [without] the T." The crowd consists of diverse individuals, some wearing LGBTQ+ pride-related clothing and accessories. The setting is outdoors with trees and a blue sky in the background

A federal judge on Monday temporarily blocked Texas A&M University System from enforcing a ban on drag shows being held at its special event venues.

This means Draggieland will go on as planned on Thursday at the flagship university’s Rudder Theatre in College Station.

Draggieland is an annual pageant where contestants wear clothing or makeup that often, but does not always, run counter to their expected gender identity.

The contestants dance and answer questions afterward about what drag and LGBTQ culture means to them.

It has repeatedly sold out the 750-seat venue since it started in 2020.

A group of people gathers in front of a neoclassical-style building during a protest or rally. A person in the foreground holds a bright yellow sign that reads "Drag is Beautiful" with a heart symbol. Another yellow sign partially visible on the left says "No LGB [without] the T." The crowd consists of diverse individuals, some wearing LGBTQ+ pride-related clothing and accessories. The setting is outdoors with trees and a blue sky in the background
Students and supporters gather on campus to protest the Texas A&M University Board of Regents' decision on Draggieland in College Station, TX, on Wednesday, March 6, 2025. Photo credit: Ishika Samant for The Texas Tribune

In her ruling, Judge Lee H. Rosenthal said the student group that organizes Draggieland, the Queer Empowerment Council, was likely to succeed in showing the ban violates the First Amendment.

“Anyone who finds the performance or performers offensive has a simple remedy: don’t go,” Rosenthal wrote.

The students said while their fight isn’t over, they were overjoyed by the decision and vowed to share that joy by putting on the best show possible Thursday.

Plaintiff’s argument

The Queer Empowerment Council, which organizes Draggieland, sued after the system’s board of regents passed a resolution last month banning drag performances across all 11 campuses.

The council argued that the public universities are not allowed to censor student performances based on their personal dislike of its content or perceived ideology.

Defendant’s argument

The regents said they were trying to comply with recent executive orders issued by President Donald J. Trump and Gov. Greg Abbott telling agencies not to promote “gender ideology” or else they could lose funding from the federal and state government.

They’ve also argued drag shows mock and objectify women, which violates federal antidiscrimination law.

Broader impact

This follows previous drag show bans and First Amendment fights in court.

In 2023, Republican state lawmakers portrayed drag performances as inherently sexual and obscene.

They passed Senate Bill 12, which prohibited performers from dancing suggestively or wearing certain prosthetics in front of children. But a court struck down the law as unconstitutional.

That same year, West Texas A&M University President Walter Wendler cancelled a student drag show, similarly arguing that such performances degrade women.

The students sued, but the judge in that case has so far held that drag shows are not clearly protected under the First Amendment in part because children were expected to attend.

No children are expected to attend Draggieland.

Texas A&M’s resolution also spurred the University of Texas System to prohibit its 14 institutions from sponsoring or hosting drag shows.

This article was originally published by The Texas Tribune.

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Article Details

March 24, 2025 12:34 PM
Illustration of a Transgender Pride Flag hanging in front of a pink and blue gradient background

18 Ways to Celebrate Transgender Day of Visibility This Year

International Transgender Day of Visibility is celebrated every year on March 31. Here’s a list of activities, ideas, and events to help you honor this special day.
Two images side by side: Drag queen Pattie Gonia in a yellow tent dress, and the April 2025 issue of National Geographic

Drag queen and environmentalist Pattie Gonia honored in inaugural 'National Geographic 33' list

She joins a list of honorees including Selena Gomez, Jason Momoa, Björk, Don Cheadle, and more.
Two images side by side: Drag queen Pattie Gonia in a yellow tent dress, and the April 2025 issue of National Geographic

Drag queen and environmentalist Pattie Gonia honored in inaugural 'National Geographic 33' list

She joins a list of honorees including Selena Gomez, Jason Momoa, Björk, Don Cheadle, and more.
A group of drag queens in the stage of "Rupaul's Drag Race"

What a drag queen can teach you about self-confidence

Taking a moment from their new "Dead Inside" comedy world tour, Bianca Del Rio offers expert advice on authenticity, confidence, and managing life onstage and off.

Too much bad news? Let’s fix that.

Negativity is everywhere — but you can choose a different story.
The
Goodnewspaper brings a monthly dose of hope,
delivered straight to your door. Your first issue is
free (just $1 shipping).

Start your good news journey today