This material was originally published by Reform Austin.

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The Fifth Circuit Court of Appeals will review whether West Texas A&M University can prohibit drag performances on campus, overturning a prior panel decision that favored students’ free speech.

In August, a three-judge panel ruled for Spectrum WT, a student group represented by the Foundation for Individual Rights and Expression (FIRE), after the university canceled a 2023 drag show. The panel found the event likely qualified as protected expression, noting it was organized by an LGBTQ+ group to raise funds for a suicide prevention charity and held in a public venue.

“Texas A&M, like any public university, has the utmost duty to respect the First Amendment rights of students,” said JT Morris , FIRE supervising senior attorney.

It is unclear if the university will maintain the ban while the case is pending. The decision could also impact a similar lawsuit by the Texas A&M Queer Empowerment Council challenging a systemwide prohibition on drag shows. 

Oral arguments are tentatively scheduled for the week of Jan. 19.

This legal challenge comes amid a broader wave of state-level actions targeting LGBTQ+ symbols and events. Earlier this month, Texas Governor Greg Abbott issued a directive mandating the removal of rainbow crosswalks , including the iconic Montrose crosswalk in Houston.