1. United States
2. Mich.
3. Letter

I am writing to express serious concern about Judge Matthew Kacsmaryk's January 17, 2025 ruling allowing West Texas A&M University to ban drag performances on campus. This decision permits the university to prevent Spectrum WT, the campus LGBTQ+ organization, from holding drag shows that raise funds for LGBTQ+ suicide prevention hotlines. The ruling rests on a fundamentally flawed comparison between drag and blackface. Blackface was created by white performers to dehumanize a marginalized group and reinforce racial subjugation. Drag, by contrast, emerged from marginalized communities themselves as a form of self-expression, community building, and survival. It has existed across cultures and centuries, from Shakespearean theater to Harlem ballroom culture to contemporary performance. Modern drag deliberately subverts gendered expectations and conveys meaning about gender identity and expression. Judge Kacsmaryk dismissed First Amendment protections by claiming drag carries no discernible message, despite testimony from Spectrum's former president that drag performances convey messages including "bending gender norms." The judge asserted audiences would not understand this message, effectively ignoring the obvious reality that people attend drag shows precisely because they recognize their commentary on gender norms. This ruling stands in sharp tension with recent decisions elsewhere. In June, the 11th Circuit found that drag bans create a "chilling effect" on protected speech. A federal judge issued an injunction against Montana's drag ban after concluding it violated the First Amendment. Even courts allowing drag restrictions have emphasized such bans may only target obscene performances, not family-friendly shows. The Fifth Circuit will hear this issue en banc this week. I urge you to publicly oppose this ruling and support legislative protections for artistic expression and LGBTQ+ student organizations. Students deserve the right to gather, perform, and raise funds for suicide prevention without government censorship based on mischaracterizations of their community's cultural traditions.