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2h ago

Fifth Circuit Blocks West Texas A&M Drag-Show Ban

Finding Legacy Hall a designated public forum, deeming the restriction likely content-based, the court allowed campus events to continue during the district-court phase of the lawsuit.

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Protesters marched against the university president’s decision to cancel a drag performance at West Texas A&M University on March. 23, 2023.
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Overview

  • A 2-1 panel of the U.S. Court of Appeals for the Fifth Circuit reversed a lower court and enjoined West Texas A&M president Walter Wendler from enforcing the university's drag-show prohibition.
  • The majority held that the plaintiffs demonstrated a strong likelihood of success on First Amendment grounds and showed ongoing irreparable harm from prior cancellations and public statements that drag shows would be banned.
  • Judge Leslie H. Southwick authored the opinion, saying the event’s sponsorship by LGBT+ student groups, ticketed audience and charity purpose made its message of support for the queer community unmistakable.
  • The court concluded Legacy Hall functions as a designated public forum and found that banning drag performances targeted the content of the events, which triggers heightened constitutional scrutiny.
  • The injunction permits Spectrum WT to host drag shows on campus while the case returns to the U.S. district court, and the decision adds to broader litigation and advocacy pushing other Texas universities to lift similar restrictions.