Texas university's drag show ban blocked by appeals court

Texas university's drag show ban blocked by appeals court

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  • Texas university's drag show ban blocked by appeals court</p>

<p>BrieAnna J. Frank, USA TODAYAugust 20, 2025 at 6:02 PM</p>

<p>An appeals court has temporarily blocked a West Texas university's ban on drag shows, citing the First Amendment.</p>

<p>The 5th U.S. Circuit Court of Appeals in an Aug. 18 ruling said a district court erred in rejecting a request for a preliminary injunction that would prevent West Texas A&M University, near Amarillo, Texas, from enforcing its ban while a lawsuit works its way through the courts.</p>

<p>Spectrum WT, a LGBTQ student group at the school, was organizing a March 2023 drag show to raise funds for The Trevor Project, a suicide prevention organization that serves LGBTQ youth. University President Walter Wendler canceled the show days before the performance, saying a "harmless drag show" was "not possible," in a university-wide letter Wendler also posted on his website.</p>

<p>Wendler wrote that the fundraiser was for a "noble cause" but that drag shows "stereotype women in cartoon-like extremes for the amusement of others and discriminate against womanhood."</p>

<p>He also compared drag performances to blackface performances, saying he would similarly not support such events on campus "even if told the performance is a form of free speech or intended as humor."</p>

<p>The plaintiffs, represented by the Foundation for Individual Rights and Expression (FIRE), sued Wendler and other school officials and requested a preliminary injunction to prevent the school from stopping such performances while litigation continued. A district court denied that request in September 2023.</p>

<p>But the appeals court disagreed in a 2-1 decision and granted the preliminary injunction, saying the plaintiffs showed a "substantial threat of irreparable harm to their First Amendment rights absent an injunction against President Wendler."</p>

<p>Judge James C. Ho dissented, saying that "like blackface performances, drag shows violate the university's fundamental mission to ensure a welcoming educational environment for all."</p>

<p>"Tellingly – and quite understandably – the majority does not contend that West Texas A&M would be required to allow a student group to put on a blackface performance," Ho wrote. "The result should not be different here just because drag shows find favor in certain circles."</p>

<p>FIRE applauded the decision, which it said "restored the First Amendment" at the school.</p>

<p>"This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors," FIRE Supervising Senior Attorney JT Morris said.</p>

<p>A West Texas A&M spokesperson said the university does not comment on pending litigation.</p>

<p>BrieAnna Frank is a First Amendment reporter at USA TODAY. Reach her at [email protected].</p>

<p>USA TODAY's coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners. Funders do not provide editorial input.</p>

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<p>This article originally appeared on USA TODAY: West Texas A&M's drag ban blocked by appeals court</p>

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