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by Emmitt Barry, with reporting from Washington D.C. Bureau Staff

(Worthy News) – A federal appeals court on Monday overturned a ban on student-run drag shows at West Texas A&M University, ruling that the school’s president violated students’ constitutional rights to free expression.

In a 2-1 decision, the 5th U.S. Circuit Court of Appeals said President Walter Wendler acted unconstitutionally when he canceled Spectrum WT’s charity drag performances in 2023 and 2024, calling them “derisive, divisive and demoralizing misogyny.”

Judge Leslie Southwick, writing for the majority, said the lower court erred in excluding drag from First Amendment protections. “Against this backdrop, the message sent by parading on a theater stage in the attire of the opposite sex would have been unmistakable,” wrote Southwick, a George W. Bush appointee. Judge James L. Dennis, appointed by Bill Clinton, joined the opinion.

Judge James C. Ho, a Trump appointee, dissented, arguing that “drag is not inherently expressive.”

The ruling came after Wendler blocked Spectrum WT, an LGBTQ student group, from hosting its annual fundraising drag show for a suicide-prevention charity. In a March 2023 campus-wide email, Wendler compared drag to blackface and insisted “there is no such thing as a harmless drag show.”

The Foundation for Individual Rights and Expression (FIRE), a Philadelphia-based free speech group representing the students, called the ruling a landmark victory. “We’re overjoyed that our clients will now be able to express themselves freely, and we’ll be watching to make sure that President Wendler obeys the law of the land while the case proceeds,” said FIRE attorney Adam Steinbaugh.

The case has been closely watched amid broader political battles over drag performances across Texas. The state has passed multiple laws restricting such shows, which critics argue sexualize children and demean women. Supporters contend they are a protected form of artistic expression.

The university, based in Amarillo, declined to comment, citing ongoing litigation. It remains unclear whether officials will appeal to the U.S. Supreme Court.

This is the second ruling this year striking down attempts by Texas universities to restrict drag shows. In March, a federal judge said Texas A&M University improperly canceled its “Draggieland” performance, concluding that attendance at such events is voluntary: “Anyone who finds the performance or performers offensive has a simple remedy: don’t go.”

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