The high court issued a one-sentence order on the issue Friday.
The U.S. Supreme Court on Friday denied a request by a student group that asked to host a drag show at West Texas A&M University and sought to lift a school ban on the performance.
In a one-sentence order, the high court wrote that Justice Samuel Alito denied the emergency request from the LGBT group, Spectrum WT, and two student leaders. There were no dissenting votes issued, and the court did not explain the decision—the usual practice with cases on the Supreme Court’s emergency docket.
The Supreme Court’s decision doesn’t finally decide the issue but means Spectrum WT won’t be able to schedule its performance until the matter is resolved in the courts. The 5th U.S. Circuit Court of Appeals will hear arguments in the case in April.
Spectrum WT called on the court to stop the school’s president, Walter Wendler, from prohibiting the show that he deemed disparaging of women. The student group has argued that the school violated the U.S. Constitution’s First Amendment protections for freedom of speech.
Spectrum WT in March 2023 sued officials at the university, located in Canyon, Texas, after Mr. Wendler barred the drag show planned for that month, which typically feature men dressed as women.
The group later held the charity event off campus, but it continued to seek an injunction barring Mr. Wendler from prohibiting future events including a planned drag show on March 22. The group is represented by the non-profit free-speech advocacy group Foundation for Individual Rights and Expression
U.S. District Judge Matthew Kacsmaryk in an interim ruling last September denied the group’s request for a preliminary injunction, casting doubt on their First Amendment claims because “it is not clearly established that all drag shows are inherently expressive.”
The group appealed to the New Orleans-based 5th U.S. Circuit Court of Appeals, which declined to fast-track the case, scheduling arguments for late April. Spectrum WT responded by asking the U.S. Supreme Court to block the drag show ban while the case plays out.
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