In a brief unsigned order, the court decision has effectively prevented Spectrum WT from hosting their event on March 22 at a facility located on campus.
The court unanimously approved the decision without any opposing votes, but did not provide an explanation for their ruling.
JT Morris, a lawyer representing Spectrum WT, stated that the group intends to persist in their opposition to the ban. He mentioned that the upcoming oral arguments are scheduled to take place next month in the 5th U.S. Circuit Court of Appeals, based in New Orleans.
“The show is not over,” he declared. Morris is a member of the Foundation for Individual Rights and Expression, an organization that supports the promotion of free expression on college campuses.
The university spokesperson refrained from providing any comments.
The university president, Walter Wendler, blocked a similar event last year and expressed his disapproval of drag shows by labeling them as “derisive, divisive, and demoralizing.”
West Texas A&M is a state college located in the panhandle region of Texas. Wendler has expressed his desire for the university to embody the conservative Christian values that are prevalent in the area.
The LGBTQ group argues that their constitutional First Amendment right to free speech was violated, citing a university policy that prohibits administrators from denying access to facilities based on political, religious, or ideological views.
Legacy Hall, the venue in question, has hosted a variety of events such as drag shows, beauty pageants, and concerts, according to the plaintiffs.
Last year, Spectrum WT faced a dispute when their plans to host a similar event were blocked. The organizers had intended to show support for the LGBTQ community through an event that would exclude any lewd or profane activities. They aimed to provide performances suitable for an audience of at least 13-year-olds.
Spectrum WT took legal action by filing a lawsuit and requesting an injunction. When their request was not granted, they decided to relocate the event off campus.
The focus then shifted to this year’s event, as Spectrum WT once again requested an injunction. In response, the university defended itself by claiming that drag shows do not fall under the category of expressive activities, thereby asserting that there was no violation of free speech.
In September, U.S. District Court Judge Matthew Kacsmaryk denied the injunction request. Failing to receive a response from the appeals court in a timely manner, the group decided to approach the Supreme Court.
In court documents, Texas Attorney General Ken Paxton, who is representing college officials, pointed out that the university already has a policy in place that prohibits “disruptive, lewd, or indecent” behavior. He argues that drag shows can potentially violate this policy by “celebrating conduct that causes many to feel demeaned and objectified.”
According to Paxton, the plaintiffs did not seek Supreme Court intervention in a timely manner.
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