Court rules in support of Texas students challenging campus drag show prohibition
West Texas A&M University's Drag Show Ban Overturned by U.S. Court of Appeals
In a significant turn of events, the U.S. Court of Appeals for the Fifth Circuit has overturned a lower court ruling and blocked West Texas A&M University President Walter Wendler’s ban on drag shows on campus. This ruling, issued on August 18, 2025, allows the LGBTQ+ student organization, Spectrum WT, to hold drag shows on campus while the underlying lawsuit continues in the lower court.
The legal battle between Spectrum WT and West Texas A&M University officials has been ongoing for several years, gaining national attention due to the ban on the drag event. The initial ban was imposed by President Wendler in March 2023, citing that such performances do not "preserve a single thread of human dignity" and compared them to blackface.
Spectrum WT and its student leaders filed a lawsuit alleging a violation of their First Amendment free speech rights. Initially, the district court denied Spectrum WT’s request for a preliminary injunction to stop the drag ban. However, the Fifth Circuit panel ruled 2-1 that drag performances are protected expressive conduct under the First Amendment, similar to other theatrical performances and art.
The appeals court emphasized that the university’s event space, Legacy Hall, is a designated public forum open to diverse groups. Banning drag shows based on content, therefore, violated constitutional protections. The ruling ordered the lower court to prevent Wendler from enforcing the drag ban while the case proceeds, recognizing a substantial likelihood Spectrum WT will prevail on the merits.
After the district court denial, Wendler canceled a second Spectrum WT drag show in March 2024, which is also part of the ongoing litigation. Judge Leslie Southwick, an appointee of former President George W. Bush, wrote the majority opinion stating that theatrical performances, including drag shows, are protected expression under the First Amendment. Judge James Ho, an appointee of President Donald Trump, dissented from the 5th Circuit's decision, making culture war commentary in his opinion.
In March 2024, Spectrum WT sought the Supreme Court's intervention to host a show on campus, but the high court declined to step in. The current status is that the case is ongoing, with further proceedings in the district court expected.
The performances often feature men dressing as women in exaggerated makeup while singing or entertaining a crowd, though some shows may contain bawdier content. The ruling allows Spectrum WT to continue hosting drag performances while their legal challenge against the university is ongoing. CNN has reached out to attorneys for the university's officials involved in the lawsuit for comment.
This ruling is a major victory for free speech advocates and Spectrum WT, which has been in a long-running legal battle with West Texas A&M University officials. The ruling also comes amidst a wave of anti-drag laws and measures targeting the LGBTQ+ community, with Republican state lawmakers around the country pushing for such legislation. The case serves as a reminder of the importance of upholding the First Amendment rights, even in the face of contentious issues.
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