University of Texas system bans drag shows in campus facilities: Here's why

On Tuesday, the

University of Texas

announced a ban on its universities from sponsoring or hosting drag shows on their premises. This decision follows a similar move by the Texas A&M University System’s board of regents, which approved its own drag show ban a few weeks ago.
“If the board of regents needs to take further action to make this clear, we will do so,” UT System Board of Regents Chair Kevin Eltife said in a statement on Tuesday. He emphasized that the measure ensures compliance “with all applicable federal, state, and local laws and executive orders, including any restriction on the use of public funds,” as reported by Texas Tribune.
This move aligns with an executive order issued by the Trump administration earlier this year. In January, former President Donald Trump signed an executive order directing federal agencies to take necessary steps to prevent funds from being used to promote gender ideology. Shortly after, Texas Governor Greg Abbott instructed state agencies to reject efforts “to distort commonsense notions of biological sex.”
Citing these executive orders, the Texas A&M University System Board of Regents passed its own drag show ban last month. According to the resolution adopted by the regents, an event qualifies as a drag show if it meets five criteria: It involves men dressing in women’s clothing; the performers wear makeup and/or prosthetics “meant to parody the female body type”; the event is open to the public; it includes “sexualized, vulgar, or lewd conduct”; and it involves “conduct that demeans women,” as reported by Texas Tribune.

In response, the Queer Empowerment Council sued the Texas A&M System, challenging the ban. An attorney from the Foundation for Individual Rights and Expression, a national free speech organization representing the students, argued that Texas A&M cannot prohibit student-funded, student-organized drag performances simply because they offend administrators. “If drag offends you, don’t buy a ticket,” the attorney said, as reported by Texas Tribune.
On Tuesday morning, Judge Lee H. Rosenthal heard arguments in federal court in Houston regarding a request to temporarily block the ban. It remains unclear when she will issue a decision. Meanwhile, Texas A&M has argued in court documents that drag performances do not constitute expressive speech protected under the First Amendment, as reported by Texas Tribune.
The university system has also suggested that disregarding federal and state guidance on this issue could lead to financial consequences. According to Texas A&M, federal appropriations accounted for 12% of its budget this fiscal year, while federal contracts and grants contributed 16%, and tuition and fees—some of which come from federally backed student loans—made up 25%, as reported by Texas Tribune.
Texas A&M, represented by the Texas Attorney General’s Office, has also disputed claims that it has outright banned drag shows on campus. The university described the Rudder Theatre as a limited public forum and pointed out that students were allowed to dress in drag and protest the board’s decision on campus just days later, as reported by Texas Tribune.