Federal court judge in Texas rules that drag shows are artistic expressions; rules against a university ban and references Shakespeare

IN a moment of madness, officials at Texas A&M University (TAMU) took into their thick skulls to impose a ban on drag performances across its 11 campuses, but a judge this week upheld the First Amendment rights of a group — the Queer Empowerment Council— that planned to hold an event called “Draggieland” later this week.

The ban was immediately challenged in court by the Foundation for Individual Rights and Expression (FIRE) on behalf of the student group, and expressed delight that Judge Lee H. Rosenthal of the U.S. District Court for the Southern District of Texas ruled against the ban.

FIRE quoted Adam Steinbaugh, an attorney with the Foundation for Individual Rights and Expression, as saying:

Today is a resounding victory for the First Amendment at public universities in Texas. The court reaffirmed that state university officials cannot block student expression they claim is offensive. State officials should stop trying to score political points at the expense of students’ First Amendment rights.

Every year since 2020, students at Texas A&M University-College Station have held “Draggieland” (a combination of “Drag” and “Aggieland”) on campus.

But in February, citing a recent executive order issued by the deranged dictaor Trump on “gender ideology,” the Texas A&M University System Board of Regents abruptly voted to ban drag performances across all its campuses, claiming drag was “offensive” and was “inconsistent with the ‘core values of its universities, including the value of respect for others.”

The Christian Post added that the judge emphasised the constitutional protections afforded to theatrical expression like drag, drawing on centuries of historical precedent.

Performances by men dressed as women are nothing new. Men have been dressing as women in theater and film for centuries. It is well-established among scholars of Shakespeare’s literary works that, when his plays were written and performed, female characters were played by young men dressed in women’s attire.

She referenced the Royal Shakespeare Company’s documentation, noting how this practice was standard in Elizabethan England.

Rosenthal further highlighted the evolution and persistence of performances, pointing to the Elizabethan-era works of William Shakespeare.

Women may not have been permitted to perform themselves in Shakespeare’s time, but that has not been true for many years. Yet many popular contemporary musicals and films have included male characters dressed in what amounts to drag, including Hairspray (1988), Mrs. Doubtfire (1993), and White Chicks (2004). In the college campus context, organizations like Harvard University’s Hasty Pudding Club have put on performances with male performers dressed in drag in campus theaters for centuries. Those performances continue to this day.

Surprisingly, most of the comments on the CP are siding with the judge. My favourite comment was posted by Jacob Miller who wrote:

This is a no-braining for people who believe in the Constitution. Putting on a wig is as much speech as putting on a red hat. A drag queen putting on eyeliner is as much of the government’s concern as JD Vance putting on eyeliner.

In th light of this victory, the Draggieland performance will proceed as planned March 27.

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