The U.S. District Court for the Southern District of Texas on Monday blocked Texas A&M University system officials from enforcing a ban on on-campus drag performances.
The decision comes after a coalition of LGBTQ+ student organizations challenged the ban, arguing it violated their First Amendment rights. The Foundation for Individual Rights and Expression, a First Amendment advocacy group, filed the lawsuit on behalf of the Queer Empowerment Council.
In his ruling, U.S. District Judge Lee H. Rosenthal described colleges and universities as testing grounds for new ideas and therefore a place where the First Amendment right to free expression must be protected.
“Nowhere is free speech more important than in our leading institutions of higher learning,” she wrote. “The First Amendment protection covers politically conservative speakers, politically progressive, and politically radical speakers, and those in between, even—or especially—when their views may be unpopular with vocal members of the A&M community.”
The university system’s Board of Regents banned the art form in late February, calling it “offensive” and “demeaning” to women. But after the injunction, the annual student-run drag show, known as Draggieland, will be able to carry on March 27 as planned.
“Today is a resounding victory for the First Amendment at public universities in Texas,” FIRE attorney Adam Steinbaugh said in a news release. “The court reaffirmed that state university officials cannot block student expression they claim is offensive. State officials should stop trying to score political points at the expense of students’ First Amendment rights.”