A federal appeals court has ruled that West Texas A&M Universitys ban on student organization drag performances violates the Constitutions First Amendment protections of free speech. The courts Thursday ruling overturns a 2023 district court ruling in favor of the university.In March 2023, West Texas A&M University presidentWalter Wendler sent a letterto students, faculty, and staff announcing that the student LGBTQ+ group Spectrum WTs upcoming drag event benefitting the Trevor Project, scheduled for March 31 of that year, had been canceled. Though the organizers had promised to avoid any profanity or lewdness and to bar attendance from anyone younger than 18, Wendlers letter still characterized drag as a form of derisive, divisive and demoralizing misogyny and also compared it to blackface. Related A federal judge shut down a university that tried to ban students from holding a drag show Wendlers letter added that he would not appear to condone the diminishment of any group at the expense of impertinent gestures toward another group for any reason, even when the law of the land appears to require it.In response to his letter, the Foundation for Individual Rights and Expression (FIRE)filed a federal lawsuiton behalf of Spectrum WT seeking an injunction forcing the university to allow the event on campus. FIREs suit said that Wendler admitted to censoring the show in violation of the First Amendment. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today FIREs lawsuit also claimed that Wendlers actions violated a campus free speech law signed by Texas Gov. Greg Abbott (R) in 2020, which explicitly forbids universities from taking action against student organizations on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed by the organization or [its] expressive activities.In its 2-1 decisionissued last Thursday, the 5th U.S. Circuit Court of Appeals Judge Leslie H. Southwick (an appointee of former President George W. Bush) wrote that theatric performances anddrag shows, plainly involve expressive conduct within the protection of the First Amendment. President Wendler did not argue, either before the district court or on appeal, that restricting the intended drag show would survive strict scrutiny, Southwick added. Based on the record before us, the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim.Adam Steinbaugh, a FIRE attorney, wrote that FIRE is overjoyed that our clients will now be able to express themselves freely, and well be watching to make sure that President Wendler obeys the law of the land while the case proceeds, The Hill reports.This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.In his dissent, appeals judge James C. Ho (appointed by the current president) wrote that drag shows enjoy greater favor among cultural elites than religious activities, that bans on drag are necessary to protect cisgender women, and that forcing universities to host on-campus drag shows may lead to courts forcing universities to implement transgender-inclusive policies.In a social media post, gay legal journalist Mark Joseph Stern criticized Hos rancid dissent, saying Ho used it to whine about discrimination against Christians, criticize drag, slander trans people, and plug Allie Beth Stuckeys new book. Stern called Hos dissent part of the judges campaign to eventually be named as a justice on the U.S. Supreme Court. A quick history of the lawsuits against Texas A&Ms drag banThough Spectrum WT and FIRE filed the lawsuit against Wendler in March 2023, in September 2023, a Texas district court judge denied the students request for a preliminary injunction and dismissed a damages claim against Wendler. FIRE appealed that decision to the Fifth Circuit Court of Appeals the following month. However, in February 2024, the appeals court declined to expedite the appeal.While awaiting the ruling, Wendler canceled Spectrum WTs 2024 drag event, citing his 2023 letter anda June 2023 Texas lawrestricting sexually oriented performances.(A federal judge knocked down the law barely three months after it went into effect.) In 2024, the Supreme Court refused Spectrum WTsrequest for emergency intervention against Wendlers action.Then, on March 25 of this year, Texas A&M Universitys Board of Regentspassed a resolutionbanning all drag performances on its 11 university campuses. The resolution, approved in a unanimous vote, said that drag shows are inconsistent with [the systems] mission and core values, including the value of respect for others because such performances are likely to create or contribute to a hostile environment for women, contrary to university and federal anti-discrimination policies.These events often involve unwelcome and objectively offensive conduct based on sex for many members of the respective communities of the universities, particularly when they involve the mockery or objectification of women, the resolution stated, echoing similar language found in the U.S. presidentsgender ideology executive order.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.