A federal judge has ruled that West Texas A&M University can proceed with its prohibition on sexually explicit drag performances.
In a 46-page ruling, Judge Matthew Kacsmaryk stated that a prohibition on sexually explicit shows does not violate the First Amendment or viewpoint neutrality. Kacsmaryk further added that the regular presence of minors on the West Texas A&M campus rendered age restrictions on a “sexualized striptease” impossible.
Kacsmaryk wrote that a proposed “drag show” is not “‘expressive conduct’ warranting First Amendment protection.” He explained that while nearly “all conduct can be considered expressive in some sense … not all conduct is entitled to First Amendment protection.”
Kacsmaryk cited Spence v. State of Washington as precedent to distinguish between “particularized” messaging and “generalized” messaging. In this context, Kacsmaryk wrote that the performances in question constitute “a highly generalized message that isn’t tied to the specific conduct of a drag show.”
The ruling further emphasized that minors had attended previous drag events, and performers had previously failed to honor promises to keep content PG-13, making it impossible to guarantee a “suitable” show. Given West Texas A&M’s partnership with local high schools through its “pre-university program,” he found that attendance by minors was “likely.”
This is the latest twist in an ongoing saga over drag performances at West Texas A&M that began in 2023.
“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,” wrote West Texas A&M President Walter Wendler when canceling a 2023 performance. “Any event which diminishes an individual or group through such representation is wrong.”
“Drag shows are derisive, divisive and demoralizing misogyny, no matter the stated intent,” Wendler continued.
The case was filed by the Foundation for Individual Rights and Expression on behalf of a student group, 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.
While Judge Kacsmaryk has dismissed the lawsuit over 2026 performances with prejudice, a separate case related to similar performances from 2023 and 2024 remains ongoing.
West Texas A&M is a component institution of the Texas A&M University System. It is overseen by a Board of Regents appointed by the governor and confirmed by the Texas Senate. Robert Albritton of Fort Worth is the current board chairman.
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