Supreme Court refuses to lift ban on Texas university drag show, sparking free speech concerns

A controversial decision reverberated across the academic and LGBTQ+ communities on Friday after the U.S. Supreme Court opted not to intervene in a dispute over a drag show ban at West Texas A&M University, leaving a student group’s plans for a campus event in limbo. The court’s decision, delivered in a brief unsigned order without any noted dissents or explanation, effectively upholds the university’s prohibition against hosting a “PG-13” drag show planned by the LGBTQ+ student group Spectrum WT.

The event, which had been scheduled for March 22 at an on-campus facility, was intended to support the LGBTQ+ community and raise awareness for suicide prevention among LGBTQ+ youth. Spectrum WT’s lawyer, JT Morris of the Foundation for Individual Rights and Expression, vowed to continue fighting the ban, with oral arguments in the case set to be heard by the New Orleans-based Fifth U.S. Circuit Court of Appeals next month, The New York Timesreports. “The show is not over,” Morris said, emphasizing the group’s commitment to their cause despite the Supreme Court’s refusal to grant emergency relief.

Related: A Texas university president banned drag and compared it to blackface. Students are taking the case to the Supreme Court

Spectrum WT first attempted to sponsor the charity drag show in March 2023, only to have it canceled by the university’s president, Walter Wendler, who cited religious texts and described drag shows as “derisive, divisive, and demoralizing misogyny.” Wendler’s stance reflects a broader trend among some conservative educational and political leaders to restrict LGBTQ+ expressions on moral or ideological grounds, raising serious questions about free speech and discrimination based on viewpoint.

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The legal battle is set against a backdrop of increasing legislative attempts by Republican-led states to restrict drag performances, a movement that has seen drag shows become a frontline issue in America’s culture wars. West Texas A&M, a state college located in the conservative panhandle area of Texas, has been positioned by Wendler as reflecting the conservative Christian values of its surrounding community, a stance that has ignited controversy and debate about the role of public universities in safeguarding free expression, according to NBC News,

The dispute has highlighted a critical tension between the university’s policy, which ostensibly bars administrators from denying access to facilities based on political, religious, or ideological views, and the actions taken by Wendler to block the drag show. Spectrum WT argues that this constitutes a violation of its First Amendment rights, a claim that finds support in precedents affirming the protection of expressive activities under the Constitution.

The case’s progression through the courts has been closely watched as it touches upon fundamental questions about free speech, the expressive nature of drag performances, and the authority of educational institutions to regulate campus events. U.S. District Judge Matthew J. Kacsmaryk’s earlier ruling that drag shows are not inherently expressive has been particularly contentious, clashing with established First Amendment protections for stage performances.

As the legal proceedings continue, the implications of this case extend far beyond a single event at West Texas A&M University. It poses pressing questions about the boundaries of free expression on college campuses, the inclusivity of educational environments, and the resilience of LGBTQ+ rights in the face of institutional and legislative challenges.