Texas A&M LGBTQ Groups Appeal Drag Show Ban over First Amendment

Texas A&M LGBTQ groups appealed the university's drag show ban as a First Amendment violation.

On March 5, 2025, the Texas A&M Queer Empowerment Council filed a lawsuit challenging the university's ban on drag performances, contending it violated the First Amendment's free speech protections. On March 24, 2025, District Judge Lee H. Rosenthal issued a preliminary injunction blocking the ban, allowing events like the annual "Draggieland" to proceed. Court records show the plaintiffs framed drag as constitutionally protected expressive conduct.

Similar legal challenges arose at West Texas A&M University, where a drag show ban prompted litigation earlier that year. Although a district court initially held that drag performances were not protected expression, this was reversed on August 18, 2025, by the Fifth Circuit Court of Appeals. The appellate court ruled that drag shows constitute expressive conduct under the First Amendment, reinforcing free speech protections in university settings. Details are available here.

Further shaping the legal landscape, on August 25, 2026, Federal Judge David Hittner invalidated Texas Senate Bill 12, which sought to limit sexually oriented performances, including drag shows. He found the law unconstitutional, emphasizing that those offended by such performances could simply avoid them. The ruling’s summary and analysis can be found at KERA News.

These rulings clarify constitutional boundaries for campus and state restrictions on drag performances. Counsel advising higher education institutions should assess these precedents when developing or enforcing policies regulating student expression and discrimination concerns to mitigate legal risks effectively.