Drag Queen, Photo: Anna Griessel – Welcome to Texas, Photo: Janece Flippo, Dreamstime
The 5th U.S. Circuit Court of Appeals has temporarily blocked West Texas A&M University’s ban on student drag performances, finding the prohibition likely unconstitutional. The dispute began in March 2023, when University President Walter Wendler unilaterally canceled a campus drag fundraiser for The Trevor Project organized by Spectrum WT, the school’s LGBTQ student group.
In a campus-wide email at the time, Wendler said he canceled the drag show because he believes drag makes a mockery of womanhood, comparing it to “blackface” and claiming drag performances “denigrate” women. He added that drag shows are “harmful and wholly inappropriate,” even if not criminal, according to Amarillo NBC affiliate KAMR-TV.
As a public official at a state university, Wendler’s ban would appear to conflict with the First Amendment’s guarantees of freedom of speech and freedom of expression for all citizens, including students at West Texas A&M University. But Wendler admitted he was canceling the show even though “the law of the land appears to require” him to allow it. The show was ultimately held at an off-campus venue.
The Foundation for Individual Rights and Expression (FIRE) sued the university and Wendler on behalf of Spectrum WT and its leaders, President Bear Bright and Vice President Marcus Stovall. The lawsuit sought an injunction blocking enforcement of the drag ban, as well as damages for violating Spectrum members’ First Amendment rights.
In September 2023, a federal judge denied the request for a preliminary injunction, ruling that the drag show was not protected speech under the First Amendment. While FIRE and Spectrum WT appealed, Wendler canceled a second planned drag show in March 2024.
On August 18, the 5th Circuit overturned the lower court, finding it erred by not recognizing drag as protected expressive speech, by refusing to issue an injunction against the ban, and by failing to find that the ban would cause “irreparable harm” to students.
Judge Leslie Southwick, writing for the court, found Spectrum WT and its members were likely to succeed in proving the drag ban violated their First Amendment rights.
Southwick wrote that drag shows, like other theatrical performances, are a form of protected expressive conduct under the First Amendment, and that discrimination among such shows must pass strict scrutiny, a standard the drag ban fails to meet. He also noted that Wendler never argued, in either the district court or on appeal, that his drag ban could withstand strict scrutiny. Strict scrutiny is the standard courts use to review government actions that infringe on fundamental rights. It requires the government to cite a compelling interest and narrowly tailor its actions to achieve that interest in the least restrictive way.
Southwick added that Wendler’s blanket ban on drag shows created “a substantial threat of irreparable harm to [students’] First Amendment rights” if the court failed to issue an injunction.
The ruling temporarily blocks Wendler and West Texas A&M from enforcing the drag ban, allowing Spectrum WT — or any other student group — to stage drag performances. The university may still impose limits on taste or prohibited behavior, such as explicit sexual content, but cannot censor shows simply because it disapproves of their message.
FIRE celebrated the appeals court’s ruling in a statement, with Supervising Senior Attorney JT Morris saying, “This is a victory not just for Spectrum WT, but for any public university students at risk of being silenced by campus censors.”
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New York City has opened Ace's Place, its first shelter dedicated specifically to serving transgender and gender-nonconforming people experiencing homelessness. Operated in partnership with the Bronx-based LGBTQ nonprofit Destination Tomorrow, the 150-bed facility in Long Island City, Queens, will provide transitional housing and wraparound support services for residents.
Fully funded by the city for now, Ace's Place will receive $65 million to remain operational through 2030. In addition to housing, the shelter will offer on-site psychiatric care, medical referrals, culinary and GED classes, job training, financial literacy and life skills workshops, counseling, and other comprehensive services. Destination Tomorrow will manage day-to-day operations.
"I was really into politics at a very young age," says Tim Miller, host of The Bulwark Podcast and an MSNBC political analyst. "I can't remember what they were called, but you'd get those kid magazines about politics that would come to your school, and I remember always really being drawn to them, and reading them and wanting to know more. I always knew lots of weird facts about politics and geography as a little middle school nerd."
Raised in St. Louis until fourth grade, when his family relocated to Littleton, Colorado, Miller became enmeshed in conservative politics at a young age, taking various campaign jobs throughout his career as a former Republican strategist. He jokes that his success at handicapping political races dates back to the 1992 election, when he won a $1 wager after betting his grandmother that then-Arkansas Gov. Bill Clinton would unseat sitting president George H.W. Bush.
Five teenagers have been charged with assault after attacking and breaking the jaw of a transgender girl housed in a boys' unit at D.C.'s Youth Services Center.
The assault was one of two separate fights that erupted at the juvenile detention center on July 7. According to NBC affiliate WRC-TV, the 88-bed facility was over capacity by 17 people that day, per DYRS data.
The D.C. Department of Youth Rehabilitation Services said the fights were unrelated and staff were present during both incidents, quickly working to de-escalate the situations.
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