Statement on the Court Ruling regarding the Cancellation of a Drag Performance Benefit at West Texas A&M University
On March 22nd, LubbockPRIDE released a statement condemning a letter from Walter Wendler, the president of West Texas A&M University in Canyon, TX, which denied a fundraising drag performance on their campus, using overt religious references to explain his reasoning. A lawsuit was filed by Spectrum WT, a West Texas A&M LGBTQ+ student and allies group, which was represented in the case by the Foundation for Individual Rights and Expression (FIRE), a national civil liberties group. The ruling on this case was handed down last week, and LubbockPRIDE would like to state our extreme disappointment with the ruling, and present this as a reminder that voting in all elections matter, because it plays a significant role in who gets appointed to judgeships, which affects us all at the local level.
While most drag ban legislation across the country has been blocked by federal courts, including Texas, the judge’s decision in this case referred to drag shows as “sexualized content” and stated that “The First Amendment does not prevent school officials from restricting ‘vulgar and lewd’ conduct that would ‘undermine the school’s basic educational mission’ – particularly in settings where children are physically present.” We continue to see this type of language used in order to incite animosity towards the drag community and the LGBTQ+ community as a whole. To present drag performances as sexual in nature and to make the claim that children are in some way harmed by a drag performance, especially one that is marketed as family friendly, is ludicrous and boldly inaccurate.
This case was presided over by Matthew J. Kacsmaryk, the district judge of the U.S. District Court for the Northern District of Texas, one of many judicial nominees of former president Donald Trump in 2017. The U.S. Senate approved Kacsmaryk with a 52-46 vote, with all Democrats and one Republican voting against him. Several LGBTQ+ groups signed a letter opposing his nomination due to his past comments on both LGBTQ+ and contraceptive rights; questioning how someone with his beliefs could possibly be fair and impartial when encountering cases of this nature.
Kacsmaryk is on record stating that the Equality Act was a “public affirmation of the lie that the human person is an autonomous blob of Silly Putty, unconstrained by nature or biology, and that marriage, sexuality, gender identity, and even the unborn child must yield to the erotic desires of liberated adults.” He has been involved in cases where he opposed LGBTQ+ protections in housing, employment, and health care, and has been very hostile against the LGBTQ+ community, calling homosexuality “disordered” and being transgender, “delusional” and a “mental disorder”.
Kacsmaryk worked for the right-wing Christian legal organization First Liberty Institute from 2014 to 2019, which mainly focuses on religious liberty cases, including its recent involvement in the U.S. Supreme Court case involving SweetCakes by Melissa, whose business declined a request to create a custom cake for a same-sex wedding, citing that designing this cake would force them to convey a message that conflicts with their religious beliefs.
While working for the First Liberty Institute, Kacsmaryk filed an amicus brief in a Supreme Court case, arguing that pharmacies should not be required to provide contraceptives. Kacsmaryk has a history of disapproving of contraceptive rights, as in 2022 he also presided over a lawsuit dealing with the 2000 FDA approval of the abortion medication Mifepristone, suspending the drug, and making this the first time a court tried to invalidate the approval of a drug by the FDA.
Kacsmaryk is also a known member of the Federalist Society, which approves of judicial activism on certain social issues and states that their clear goal is to get conservative judges nominated, deliberately pushing the judiciary to the right. I believe it is important to note that five of the nine U.S. Supreme Court Justices are also current or former members of the Federalist Society. Judges are supposed to set any personal beliefs and opinions aside and rule on cases with impartiality and fairness. From this decision, it is fairly clear that this was not the case, and I hope the U.S. Court of Appeals for the 5th Circuit overturns Kacsmaryk’s order.
We cannot stand idly by and allow the religious beliefs or personal opinions of a judge, a legislator, or any person in the position of power to infringe on the civil liberties or human rights of an entire community of people. LubbockPRIDE continues to represent the LGBTQ+ community in achieving the goal of equity and equality for all, and we would like to thank Spectrum WT and FIRE for challenging the actions of Walter Wendler. While the outcome was not advantageous this time, it’s important to be present, stand up against injustice, and insist that our voices are heard. We wish Spectrum WT and FIRE well moving forward, and hope that this decision can be reversed, and that Walter Wendler can be held accountable for his inappropriate actions, and serve as a reminder that all people are protected under the law, and your personal beliefs cannot mandate who gets to exercise their freedom of expression.
Nick Harpster, Ph.D.
Public Relations & Advocacy Coordinator
LubbockPRIDE
Press Contact:
Nick Harpster (He/Him)
Public Relations & Advocacy Coordinator
LubbockPRIDE
nick.harpster@lubbockpride.org