Board of Regents resolution states drag involves ‘mockery and objectification of women’
A free speech group is suing Texas A&M University over its policy banning drag performances across its 11-campus university system.
The lawsuit, filed by the Foundation for Individual Rights and Expression (FIRE) on March 5 in the Southern District of Texas, comes just days after the Texas A&M (TAM) System Board of Regents passed a resolution on Feb. 28 prohibiting such performances at campus event spaces.
The Board of Regents’ resolution, effective immediately, declares that drag shows — described as featuring male performers in “exaggerated” feminine attire, makeup or prosthetics — conflict with the university’s educational mission and core value of respect.
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According to the document, such performances are “inconsistent with [TAM’s] mission and core values” and, as such, special event venues will not “be used for drag shows that involve biological males dressing in women’s clothing, wearing exaggerated female makeup and/or exaggerated prosthetics meant to parody the female body type” as well as events that involve “sexualize, vulgar or lewd conduct” and “conduct that demeans women.”
The resolution also states that drag events are “likely to create or contribute to a hostile environment for women contrary to (TAM) anti-discrimination policy and Title IX” as these events “often involve … the mockery and objectification of women.”
At the center of the dispute is the Queer Empowerment Council (QEC), a coalition of student groups at Texas A&M University-College Station which organizes “Draggieland,” an annual drag competition set for March 27, where Texas performers vie for the title of “King/Queen of Draggieland.” First held in 2020 at the campus theater complex, the popular event regularly sells out the 750-seat Rudder Theatre at TAM, according to the lawsuit.
In response to the board’s resolution, the QEC released a statement condemning the decision. “Drag is self-expression, drag is discovery, drag is empowerment, and no amount of censorship will silence us.” The group says it is seeking alternative off-campus venues while processing refunds for ticket holders starting Monday.
FIRE’s lawsuit contends that the ban violates the First Amendment, accusing Texas A&M of viewpoint discrimination. “Public universities can’t shut down student expression simply because the administration doesn’t like the ‘ideology’ or finds it ‘demeaning,’” said FIRE attorney Adam Steinbaugh. The complaint argues that the regents’ justification — claiming drag shows offend or promote “gender ideology” — fails constitutional muster, as the First Amendment protects speech regardless of whether it offends or clashes with institutional values.
In its statement, FIRE also dismissed the board’s reference to a “hostile environment” under Title IX, noting that a single, ticketed drag show does not meet the Supreme Court’s threshold for severe, pervasive, and objectively offensive conduct.
The group warns that under TAM policy, even theatrical productions could be canceled.
“Even putting on an on-campus production of Shakespeare or ‘Mrs. Doubtfire,’ or taking part in powderpuff, could be banned at A&M if some hostile administrator thinks they ‘promote gender ideology,’” said FIRE senior attorney JT Morris. “But if the First Amendment means anything, it’s that the government can’t silence ideologies they don’t like, real or perceived.”
The fight over drag shows in the TAM system goes back to at least 2023, when West Texas A&M University President Walter Wendler cited the Bible and other religious texts to support his decision to cancel a planned drag show scheduled to take place on campus.
At the time, Wendler compared his opposition to the drag show to not supporting “blackface” performances on campus, calling such displays “wrong.”
“I do not support any show, performance or artistic expression which denigrates others — in this case, women — for any reason,” he added.
