Court Rules In Favor Of Draggieland, Citing First Amendment Protections

A federal judge has ruled that Texas A&M University’s ban on campus drag performances is unconstitutional, clearing the way for the annual Draggieland show to proceed on Thursday, March 27.

Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas issued the ruling Tuesday, striking down the policy adopted by the Texas A&M University System Board of Regents in February.

“It is a ticketed event; only those who want to attend do so. Anyone who finds the performance or performers offensive has a simple remedy: don’t go,” Rosenthal wrote.

The board’s unanimous decision to prohibit drag performances on campus followed broader efforts by state and national Republican leaders to restrict diversity, equity, and inclusion programs in higher education.

The Foundation for Individual Rights and Expression (FIRE) filed a lawsuit against the university on behalf of the Texas A&M Queer Empowerment Council, which organizes Draggieland. Texas Attorney General Ken Paxton announced last week that his office would defend the university system in court, calling drag performances “offensive and obscene.”

Rosenthal, rejected the university’s stance, emphasizing in her ruling that the ban was a clear violation of the First Amendment. “The Board, and some members of the A&M community, are offended by the Draggieland performance,” she wrote. “To ban the performance from taking place on campus because it offends some members of the campus community is precisely what the First Amendment prohibits.”

Following the ruling, FIRE attorney Adam Steinbaugh praised the decision, calling it a victory for free expression.

“Today is a resounding victory for the First Amendment at public universities in Texas,” said Adam Steinbaugh, an attorney with FIRE, who argued last week at the district court. “The court reaffirmed that state university officials cannot block student expression they claim is offensive. State officials should stop trying to score

The Texas A&M Queer Empowerment Council also celebrated the outcome, though they acknowledged the broader legal and political fight is ongoing. “This is another display of the resilience of queer joy, as that is an unstoppable force despite those that wish to see it destroyed. While this fight isn’t over, we are going to appreciate the joy we get to bring by putting on the best show that we can do,” the group said.

Draggieland is scheduled to take place at Rudder Theater on the Texas A&M campus.  It is marketed as an event for people 18 & older. No children are expected to attend.