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LGBTQ student groups challenge Texas A&M bans on campus drag shows
Filed 1h ago · Via Courthouse News · The Buffoon Desk
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Kevin MacLeod · incompetech.com · CC BY 4.0
Photo: Nyttend · Public domain · via Wikimedia Commons
A pair of LGBTQ student groups asked the full Fifth Circuit to strike down Texas A&M policies barring drag shows at university venues, in cases where two Texas federal judges reached opposite conclusions on the same First Amendment question.
Attorney JT Morris argued the university's own stated reasons for the ban, that drag shows demean women and might jeopardize federal funding under a Trump executive order on ‘gender ideology’, prove the policy targets viewpoint, not conduct. Texas's Billy Cole countered that the ban targets discrimination, not speech, likening it to barring a ‘whites only’ sign.
Judges pressed both sides with hypotheticals ranging from striptease acts to a mock ICE assault on the Statue of Liberty to blackface minstrelsy, with Morris conceding the same viewpoint-neutrality logic he's citing would also protect a blackface performance from a ban.
The full dispatch is available from the source below.
✒ FROM THE EDITORIAL DESK
A university that cannot point to a single complaint from an offended student is still confident it knows who's being harmed. That confidence is doing a lot of work here, standing in for the evidence nobody bothered to collect. When the government's best analogy for banning a performance is a discrimination sign in a shop window, you start to wonder who's really worried about being offended.