Marcus Stovall and Bear Bright stand on the sidewalk across the street from the courthouse on Dec. 9, 2023 in Canyon.West Texas A&M University students Bear Bright and Marcus Stovall held their breath for months.
But last week, the U.S. Supreme Court dashed those hopes. The high court refused, at least for now, to wade into the case and its free speech debate. On Monday, Wendler did exactly what Bright and Stovall feared: He again forbade a drag show from being performed on campus.The Supreme Court only declined to block Wendler from canceling another drag show while a lawsuit over the previous cancellation plays out at the appellate level.
And as a legal limbo persists, LGBTQ+ residents like Bright and Stovall acutely feel politically and socially targeted in a part of the state where cultural acceptance of queer people already lags behind the state’s big cities. Myka said the strength and influence of the region’s religious groups and extremist organizations fuels safety concerns every time she takes the stage.
When he banned student-led drag shows on the university’s campus last year, he said it was because the performances degrade women. "Drag shows express a litany of emotions and purposes, from humor and pure entertainment to social commentary on gender roles," the ruling reads."There is no doubt that at the bare minimum these performances are meant to be a form of art that is meant to entertain, alone this would warrant some level of First Amendment protection."
Peter Steffensen, a law fellow with the First Amendment Clinic at Southern Methodist University Dedman School of Law, said the appellate court now has to grapple with a situation in which two lower courts came to different conclusions on the same subject matter. But when AATAG filed for a permit for this year’s event, Canyon officials denied them, saying police officers last year witnessed public safety issues and lewd behavior.
Burnett said city officials cited the state’s obscenity law in denying this year’s application. But that doesn’t make sense to him. But there have been local political battles, too, Burnett said. His group first hosted an LGBTQ+-friendly Easter event in 2022 after Canyon Independent School District was pressured to remove a suicide prevention program that mentioned LGBTQ+ people.