Earlier this year, the president of a university in the Texas Panhandle canceled a drag show, which led to allegations of violating the constitutional right to free speech. However, a federal judge has ruled in favor of the university stating that there was no breach of free speech.
On Thursday, U.S. District Judge Matthew Kacsmaryk made a ruling that sets it apart from the numerous legal battles surrounding drag shows in the U.S. While federal courts have already prevented drag show bans in Florida, Montana, and Tennessee, and another federal judge in Texas stopped a ban from being put in place, Judge Kacsmaryk’s decision stands out in particular.
Kacsmaryk’s decision has brought into question the regulation of drag shows, which he argues to be “sexualized content.” This stance suggests that such shows may be subject to greater regulation than other forms of free speech.
According to Kacsmaryk, school officials are allowed to limit behavior that is considered ‘vulgar and lewd’ and could potentially harm the school’s educational goals, especially when children are present. The First Amendment does not prohibit such restrictions, as per Kacsmaryk’s opinion.
Earlier this year, Walter Wendrell, the president of West Texas A&M University in Canyon, made an announcement that drag performances would not be permitted on campus. In his letter and column, which contained religious references, Wendrell stated that such performances were discriminatory against women. He further added that these performances are a form of “derisive, divisive and demoralizing misogyny,” regardless of the performer’s intention.
The Spectrum WT, a community for LGBTQ+ students and their allies, had organized a campus drag show on March 31 with the aim of raising funds for the Trevor Project. This non-profit organization is dedicated to preventing suicide among young people within the LGBTQ+ community. The Spectrum WT has emphasized that drag shows are intended to be a celebration of various aspects of life, including queerness, gender, acceptance, love, and particularly femininity. They have clarified that the intention of the event is not to offend anyone.
Represented by the Foundation for Individual Rights and Expression (FIRE), a renowned national civil liberties group, Spectrum WT and its two student leaders who initiated the lawsuit are seeking justice.
According to JT Morris, a senior attorney for FIRE, the organization strongly disagrees with the court’s approach to First Amendment analysis and the conclusions it has made. Morris stated that FIRE will appeal the court’s decision and continue to fight for the expressive rights of the courageous college students involved in the case.
On Friday, Kelly Polden, spokesperson for the University, stated that they are unable to provide any comments regarding the litigation.
Former President Donald Trump’s appointee, Kacsmaryk, made headlines when he issued a groundbreaking ruling that stopped the approval of the country’s most popular method of abortion. Although the decision sparked a legal controversy, the U.S. Supreme Court has since maintained access to the drug and prevented the restriction from taking effect while the lawsuit is ongoing.
Despite their growing popularity and acceptance in some circles, drag shows and events still face opposition from conservative activists and politicians across the United States. In states such as Texas, Republican lawmakers have proposed restrictions on these performances which threaten to limit the freedom and expression of drag performers. Even drag story hours, a harmless event where drag queens read books to children, have been the target of protests and opposition. Nonetheless, drag performers continue to fight for their art form and their right to express themselves freely.
When it comes to drag performances, nudity and stripping are not the norm, as those elements are usually reserved for the art of burlesque. While explicit language of a sexual or profane nature is often utilized in drag shows, it’s generally avoided when the audience includes children. For adult-only shows, warnings about potentially inappropriate content are typically provided by the venue or performer ahead of time.
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