"The resilience of queer joy,": Federal ruling affirms LGBTQ+ students' Constitutional rights

An LGBTQ empowerment group at Texas A&M found an ally in the federal courts after a GOP-appointed District Judge ruled in the favor of the group, allowing their drag show to go on as scheduled. 

Since its debut in 2020, "Draggieland", an annual drag show hosted by the Queer Empowerment Council (QEC) at Texas A&M University has become an annual tradition. QEC has been 100 percent responsible for the funding for the showcase over the last three years, lifting the burden off the university who provided funding for the show in 2020 and 2021.

Citing President Trump’s executive order prohibiting DEI programs, the Texas A&M Board of Regents banned the performance, prompting QEC to file a First Amendment lawsuit earlier this month against their university. The board justified the ban, stating that the performance would "likely to create or contribute to a hostile environment for women." Additionally, the board alleged that dance performances portions in the show were not protected by the First Amendment.

Lee Rosenthal, a George H.W. Bush appointed District Judge for the Southern District of Texas ruled in the favor of the student group. "It is long and well established that theatrical performances are protected forms of expressive conduct, not held to a 'drastically different standard' than other forms of speech under the First Amendment,” Rosenthal said. “Both the performance and conversations that comprise ‘Draggieland’ are intended to convey a culturally significant message about LGBTQ+ rights. The court finds that ‘Draggieland’ is protected as speech and expressive conduct."

The ruling from Rosenthal did not come as a surprise. She has previously ruled in favor for the Constitutional protections of LGBTQ individuals, most notably in a 2018 ruling protecting LGBTQ individuals from workplace and hiring discrimination.

“To ban the performance from taking place on campus because it offends some members of the campus community is precisely what the First Amendment prohibits,” Rosenthal said.

Rosenthal ruled that allowing the event does not imply that the university endorses it. By allowing it, she said, the university could comply with the "constitutional obligation to allow different messages and viewpoints, including those viewed as offensive to some, to be expressed at a university that is committed to critical thought about a wide range of conflicting and divergent viewpoints and ideologies.”

The Foundation for Individual Rights and Expression (FIRE), the "nation’s leading defender of fundamental rights on college campuses," celebrated the ruling, calling it a "victory."

“We’re overjoyed with today’s decision,” said the QEC in a statement. “This is another display of the resilience of queer joy, as that is an unstoppable force despite those that wish to see it destroyed. While this fight isn’t over, we are going to appreciate the joy we get to bring by putting on the best show that we can do.”

Due to the court's timely decision, "Draggieland" will take place at Texas A&M on Thursday for the fifth consecutive year.