University of North Texas pauses ban on drag shows
In a dissenting opinion, Judge James C. Ho explained how 'the university officials have determined that drag shows are sexist, for the same reason that blackface performances are racist.'
Alan Stucky, vice chancellor and general counsel for the Texas A&M System, confirmed the ban has been lifted, as the broader case is ongoing, with further legal action expected.
The University of North Texas in Denton, Texas, has paused enforcement of its drag show ban following a recent federal court decision that reignited debate over sexually-themed performances on taxpayer-funded campuses.
The Fifth Circuit Court of Appeals ruled that drag shows at West Texas A&M University are likely protected under the First Amendment, blocking a system-wide prohibition.
The dispute began in March 2023 when WTAMU President Walter Wendler canceled a student-organized drag event, calling drag shows “derisive, divisive and demoralizing misogyny” with no place in higher education.
He blocked a second show in 2024, arguing public universities should not promote “sexualized performances.” Wendler said drag shows perpetuate the mocking of women, and exist in contradiction to WT’s mission to “treat all people equally.”
A person or group should not attempt to elevate itself or a cause by mocking another person or group. The Foundation for Individual Rights and Expression (FIRE) and the ACLU sued on behalf of student group Spectrum WT, claiming the ban violated students’ speech rights.
On Aug. 18, Judge Leslie Southwick wrote that drag performances are expressive conduct protected by the Constitution. The decision halted enforcement across the Texas A&M University System.
“This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors,” FIRE attorney JT Morris said. FIRE’s Adam Steinbaugh added they would ensure the university “obeys the law of the land.”
Conservatives argue that universities should not be compelled to platform events that resemble adult entertainment—especially under the banner of higher education. A similar show elsewhere was marketed as a suicide prevention fundraiser, raising concerns about politicization of sensitive causes.
In a dissenting opinion, Judge James C. Ho explained how “the university officials have determined that drag shows are sexist, for the same reason that blackface performances are racist.” Ho continues to explain that Supreme Court precedent demands that respect is given to university officials when it comes to the regulation of student activities to ensure the inclusivity of the overall educational environment.
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”I will not apply a different legal standard in this case, just because drag shows enjoy greater favor among cultural elites than the religious activities at issue,” Ho said in his dissent.
Alan Stucky, vice chancellor and general counsel for the Texas A&M System, confirmed the ban has been lifted. The broader case is ongoing, with further legal action expected.
Campus Reform contacted Northern University of Texas and West Texas A&M for comment. This article will be updated if responses are received.
