On Monday, Judge Lee H. Rosenthal ruled to block enforcement of the Board of Regents’ on-campus drag show on First Amendment claims. Draggieland will proceed as originally scheduled on March 27 in Rudder Theatre. 

“The court finds that plaintiff QEC has demonstrated: (a) a substantial likelihood of success on the merits of its First Amendment claims; (b) that it will suffer irreparable harm absent a preliminary injunction; and (c) that the public interest favors this injunction,” the order reads.

The Queer Empowerment Council, or QEC, the group that hosts Draggieland, sued on March 5 with help from the Foundation for Individual Rights and Expression, or FIRE. The first motion hearing took place March 18 in Houston, where FIRE argued that banning drag shows suppressed “speech … that people just don’t like,” FIRE attorney Adam Steinbaugh said.

The 29-page opinion from the court, in the southern district of Houston, emphasizes the importance of the First Amendment right to free speech and expression, particularly on public college campuses like Texas A&M.

“A&M has consistently recognized in its policies on speech and conduct on its campuses that exposure to a variety of ideas, including ideas that may offend some or many listeners, is a critical part of the education it promises to provide,” the court’s opinion reads.

The Board of Regents’ resolution blocking Draggieland followed a slow decline of university support for the event and the QEC. A&M sponsored the drag show in 2020 and 2021, but in 2021, the Board withdrew their direct support, leading to the creation of the QEC in 2023, which now hosts the event.

“It is a ticketed event; only those who want to attend do so,” the court’s opinion reads. “Anyone who finds the performance or performers offensive has a simple remedy: don’t go.”

The resolution, passed in late February, cited recent orders from President Donald Trump and Gov. Greg Abbott. The regents claimed that because A&M receives significant federal funding and that drag shows “may be considered promotion of gender ideology,” Draggieland may violate the orders.

Attorney General Ken Paxton released a statement March 14 defending the Board’s decision and stating that his office will represent the group in court.

“Our colleges and universities exist to help students learn and equip them as they take their next steps in life,” Paxton said. “They are not, and never have been, a place for taxpayer-funded drag shows where men pretending to be women engage in obscene, offensive, and degrading behavior.”

The QEC hosted the “Day of Drag” protest on March 6, announced just two days after the Board’s decision. Nuclear engineering senior Kevin Pierce, the president of Aggie Democrats, stated two demands from the university during the protest: restore Draggieland and guarantee students’ free speech across all 11 System campuses.

“Today is a resounding victory for the First Amendment at public universities in Texas,” FIRE attorney Adam Steinbaugh said in a statement Monday morning. “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.”

The QEC and FIRE stated the court’s decision is important in protecting students’ expression, particularly for LGBTQ+ students.

“We’re overjoyed with today’s decision,” the Queer Empowerment Council said. “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.”

“Texas A&M, like any public university, has the utmost duty to respect the First Amendment rights of students,” FIRE Supervising Senior Attorney JT Morris said. “As public officials, they can’t banish speech from campus just because it offends them, any more than they could shut down a political rally or a Christmas pageant.”

A university spokesperson said they can’t speak on pending litigation.

This developing story will be updated as more information becomes available.