The U.S. Court of Appeals for the Fifth Circuit overturned a district court ruling and blocked West Texas A&M University's ban on a campus drag show. The court held that theatrical performances involve expressive conduct protected by the First Amendment and that discrimination among such shows must pass strict scrutiny. President Walter Wendler canceled the event by email, stating the university would not host a drag show and criticizing drag as inconsistent with human dignity and womanhood. The Foundation for Individual Rights and Expression sued on behalf of Spectrum WT, which had planned the event to raise funds for suicide prevention.
"Because theatrical performances plainly involve expressive conduct within the protection of the First Amendment, we find the plaintiffs' drag show is protected expression, discrimination among such shows must pass strict scrutiny," "President Wendler did not argue, either before the district court or on appeal, that restricting the intended drag show would survive strict scrutiny. Based on the record before us, the district court erred in concluding that the plaintiffs were not substantially likely to succeed on the merits of their First Amendment claim."
"West Texas A&M University will not host a drag show on campus."
"As a performance exaggerating aspects of womanhood (sexuality, femininity, gender), drag shows stereotype women in cartoon-like extremes for the amusement of others and discriminate against womanhood,"
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