Texas A&M’s Republican drag ban gets its day in court before 17 federal judges

The full 5th U.S. Circuit Court of Appeals is scheduled to hear arguments Wednesday in two cases that could determine whether public universities may bar drag shows from campus venues. Federal judges reached conflicting rulings in the disputes involving the Texas A&M University System.

The legal fight began in 2023, when West Texas A&M University President Walter Wendler canceled a student drag show organized by Spectrum WT. The group and two student leaders sued the school, arguing that the cancellation violated their First Amendment rights.

Related: West Texas A&M University's drag show ban blocked by appeals court

In August 2025, a three-judge appeals panel ruled that the planned show was “protected expression” and temporarily blocked Wendler’s ban. But after a trial, U.S. District Judge Matthew J. Kacsmaryk issued a final ruling in January upholding it. He found that Spectrum had not shown its planned performance was protected expression and that the university had greater authority to restrict events at the venue. Kacsmaryk also accepted Wendler’s comparison of drag shows to blackface performances.

A separate case challenges a broader policy adopted unanimously by Texas A&M University System regents in February 2025. The policy bars drag performances at special event venues across the system. The Queer Empowerment Council, which organizes the annual Draggieland pageant, sued with the support of the Foundation for Individual Rights and Expression, known as FIRE.

U.S. District Judge Lee H. Rosenthal temporarily blocked that policy in March 2025, finding that the students were likely to succeed on their First Amendment claim. Her order allowed Draggieland to proceed.

Related: Supreme Court refuses to lift ban on Texas university drag show, sparking free speech concerns

The parties asked the appeals court in May to hear both cases together. The court agreed in June, consolidating them for oral argument only. The judges will consider whether the performances are protected expression, how much authority universities have over their venues, and whether the restrictions discriminate on the basis of viewpoint.

The cases have implications beyond Texas A&M. The University of Texas System also moved to prohibit drag shows in its campus facilities, and the University of North Texas revoked approval for a student group’s annual show.

Related: Texas A&M's drag ban blocked by federal court as judge cites free 'speech rights'

In a friend-of-the-court brief supporting the Queer Empowerment Council, the ACLU of Texas and Equality Texas urged the appeals court to consider the broader restrictions on drag. Separately, the ACLU of Texas and FIRE called on the University of Texas System to rescind its policy. Chloe Kempf, an ACLU of Texas staff attorney, called that policy “an affront to its students’ First Amendment rights.”