The legal battle over West Texas A&M University’s drag show ban has taken a new turn after the U.S. Fifth Circuit Court of Appeals agreed to rehear the case en banc—that is, before all 17 active judges of the appellate court.
This development means the court has vacated an earlier 2-1 panel ruling that had temporarily blocked the university’s drag ban and found that Spectrum WT, the campus LGBT student group, was likely to succeed on First Amendment grounds.
The earlier ruling, issued in August, sided with the student group and said that the drag show was protected expressive conduct, and that the campus venue was a designated public forum subject to strict constitutional scrutiny.
However, Judge James Ho’s dissent questioned whether drag shows truly qualify as First Amendment-protected expressive conduct and warned of potential social consequences if law and policy fully embrace gender fluidity.
West Texas A&M President Walter Wendler canceled the drag show in 2023, stating at the time, “As a performance exaggerating aspects of womanhood (sexuality, femininity, gender), drag shows stereotype women in cartoon-like extremes for the amusement of others and discriminate against womanhood.”
“Any event which diminishes an individual or group through such representation is wrong,” added Wendler. “Drag shows are derisive, divisive, and demoralizing misogyny, no matter the stated intent.”
The case was filed by the Foundation for Individual Rights and Expression on behalf of Spectrum WT, which had planned to host a series of drag performances as part of a fundraiser for the Trevor Project. The Trevor Project has been accused of grooming minors into gender confusion.
With the court now set to consider the case en banc, oral arguments are expected in early 2026.
West Texas A&M is a component institution of the Texas A&M University System.
Regents of the Texas A&M System banned drag performances systemwide following a similar controversy at the main campus in College Station. That systemwide ban is also on hold following a ruling by Judge Lee H. Rosenthal.
No ads. No paywalls. No government grants. No corporate masters.
Just real news for real Texans.
Support Texas Scorecard to keep it that way!
