Fifth Circuit Reopens Case Over West Texas A&M Drag Show Ban

The Fifth Circuit Court of Appeals will review whether West Texas A&M University can prohibit drag performances on campus, overturning a prior panel decision that favored students’ free speech.

In August, a three-judge panel ruled for Spectrum WT, a student group represented by the Foundation for Individual Rights and Expression (FIRE), after the university canceled a 2023 drag show. The panel found the event likely qualified as protected expression, noting it was organized by an LGBTQ+ group to raise funds for a suicide prevention charity and held in a public venue.

“Texas A&M, like any public university, has the utmost duty to respect the First Amendment rights of students,” said JT Morris, FIRE supervising senior attorney.

It is unclear if the university will maintain the ban while the case is pending. The decision could also impact a similar lawsuit by the Texas A&M Queer Empowerment Council challenging a systemwide prohibition on drag shows. 

Oral arguments are tentatively scheduled for the week of Jan. 19.

This legal challenge comes amid a broader wave of state-level actions targeting LGBTQ+ symbols and events. Earlier this month, Texas Governor Greg Abbott issued a directive mandating the removal of rainbow crosswalks, including the iconic Montrose crosswalk in Houston.