U.S. Supreme Court Rejects Texas Governor's Opposition to Drag Shows at Universities
ICARO Media Group
In a recent decision, the U.S. Supreme Court has denied a request by a local student group to host a drag show at a Texas university, despite opposition from the state's governor, Greg Abbott. The court's ruling has fueled the ongoing legal battle surrounding the ban on drag shows at West Texas A&M University.
The controversy began in March 2023 when Spectrum WT, an LGBTQ+ student group, sued university officials after their planned drag show was prohibited by university president Walter Wendler. Spectrum WT argued that the ban violated their First Amendment rights to freedom of speech.
However, U.S. District Judge Matthew Kacsmaryk rejected Spectrum WT's request for a preliminary injunction against Wendler's ban in September 2023. Judge Kacsmaryk stated that it was not established that all drag shows were inherently expressive and protected by the First Amendment.
Following this ruling, Spectrum WT chose to appeal to the 5th U.S. Circuit Court of Appeals, which scheduled hearings for April 2024. In an effort to expedite the process, the student group also sought intervention from the U.S. Supreme Court to temporarily block the ban on drag shows until a final decision is reached in the courts.
Disappointingly for Spectrum WT, on Friday, the U.S. Supreme Court issued a one-sentence order denying their request. The court's decision did not provide an explanation for the denial.
While this ruling does not entirely extinguish the student group's hopes of eventually hosting drag shows at the Texas university, it does mean that no such events will take place at the venue until after the 5th U.S. Circuit Court of Appeals hears arguments in April.
The controversy surrounding drag shows goes beyond this specific case, highlighting a broader issue involving Republican-led states across the country. Momentum has been building amongst conservative and hardline GOP lawmakers and officials who have been spearheading an anti-drag crusade in recent years.
Drag shows, a long-standing form of entertainment where performers exaggerate gender signifiers, have become a target for Republicans who argue that they must be criminalized and restricted in the interest of children's well-being. In March 2023, Tennessee became the first state to ban drag shows in public spaces accessible to minors, a measure adopted by Republican Governor Bill Lee. Other GOP-led states, such as Arizona and Texas, have proposed similar legislation.
Critics of drag shows within the GOP claim that they expose children to inappropriate sexual themes, even when events involve activities as simple as drag performers reading a book, as seen in Drag Queen Story Hour. This backlash against drag shows has coincided with a wider attack on transgender rights by conservatives across the state.
The legal battle surrounding West Texas A&M University's ban on drag shows is likely to continue, leaving the fate of Spectrum WT's fight against the ban uncertain. As opinions clash over the role of drag shows in education institutes, students and LGBTQ+ advocates stand divided on whether the entertainment form should be welcomed or restricted in universities.