Supreme Court Liberal Justices Silent on Drag Show Ban

Liberal justices on the U.S. Supreme Court remained silent Friday when a case involving a drag show ban on a college campus came before the Court.

The Supreme Court on Friday denied to hear a case led by an LGBTQ+ student group, Spectrum WT, at West Texas A&M University (WTAMU). The college students attempted to appeal their case against WTAMU President Walter Wendler, who blocked them from hosting a drag show last year.

Drag shows have been a contentious issue in recent years. Many liberals and those a part of the LGBTQ+ community see drag as a form of self-expression and art, meanwhile, many conservatives view drag as dubious sexual content.

There were no dissenting votes noted in the Supreme Court order and there was no explanation given for the justices’ decision.

When asked by a user on X, formerly Twitter, why no liberal justices dissented this decision, Mark Joseph Stern, a senior write at Slate, commented: “The standard for issuing an injunction pending appeal is extremely demanding, and it makes strategic sense for the left-leaning justices to resist granting one even in borderline cases to discourage their colleagues from tossing them out like candy.”

There are three liberal justices on the nine-person Supreme Court: Elena Kagan, Sonia Sotomayor, and Ketanji Brown Jackson.

WTAMU told Newsweek via email on Friday that it “has no comment on pending litigation.” Newsweek also reached out to Spectrum WT via Instagram.

The case stemmed from a dispute last spring when Spectrum WT planned to host a “PG-13” drag show. According to court documents, children were allowed to attend with a parent or guardian. However, organizers said that the event was aimed for people at least 13 years old and would not have included lewd content.

Wendler opposed last year’s drag show ahead of the college confirming the event. He wrote in a letter dated March 21, 2023, that “drag shows stereotype women,” calling the activity “derisive, divisive and demoralizing.”

“Such conduct runs counter to the purpose of WT,” Wendler wrote.

U.S. District Judge Matthew Kacsmaryk denied Spectrum WT’s request for an injunction in a ruling filed in September 2023. Kacsmaryk argued, in part, that Spectrum WT failed to prove that Wendler violated their First Amendment rights or that his conduct was objectively unreasonable.

Spectrum WT appealed Kacsmaryk’s decision to the 5th U.S. Circuit Court of Appeals, which has yet to act on the lawsuit.

The student group ended up hosting their drag show off campus, but sought the injunction “because their future events are allegedly ‘in imminent peril due to President Wendler’s edit,'” according to the judge’s ruling.

The Court’s rejection to hear the case comes a week before Spectrum WT planned to hold another drag show on campus. It is now unlikely that the student group will be able to hold their event as planned.