Artists Challenge NEA’s New Grant Rules Promoting Gender Ideology in Court
TL/DR –
Artists and theater groups have filed a lawsuit against the National Endowment for the Arts (NEA) over a new requirement which mandates applicants to affirm they will not “promote gender ideology” to be eligible for funding. The American Civil Liberties Union (ACLU), ACLU of Rhode Island, and others are alleging that the restriction infringes the First Amendment, the Administrative Procedure Act, and the Fifth Amendment. The legal action was taken in response to an executive order signed by President Donald Trump in January 2025 directing that federal funds should not be used to promote gender ideology.
Artists Challenge New National Endowment for the Arts Grant Requirements Based on First Amendment Rights
Artists and theatre organizations are taking legal action against the National Endowment for the Arts (NEA) over new certification requirements and funding prohibition. The NEA now stipulates that grant applicants must affirm they will not “promote gender ideology” to qualify for funding. Any projects deemed to do so are no longer eligible for awards. This article details the lawsuit, initiated by the ACLU, ACLU of Rhode Island, David Cole, Lynette Labinger, and several theatre groups like Rhode Island Latino Arts (RILA) and National Queer Theater (NQT).
The lawsuit alleges that these new requirements infringe upon the First Amendment, the Administrative Procedure Act, and the Fifth Amendment. The ACLU has requested a preliminary injunction or temporary restraining order ahead of the grant application deadline on March 24. “This constraint on artists’ expression has had a widespread impact across the entire art world,” noted ACLU senior staff attorney Vera Eidelman.
In 2025, President Donald Trump signed an executive order prohibiting the use of federal funds to “promote gender ideology.” This legislation has been met with significant backlash from artists and art organizations across the nation. Steven Brown, executive director of the ACLU of Rhode Island, stated: “We will continue to fight for the freedom of all artists to experiment and push boundaries.”
RILA, a nonprofit organization championing Latino art, previously planned to apply for NEA funding for projects that involve LGBTQ topics. Due to the new requirement, they need to modify their projects to avoid violating the new regulation. “Artistic expression is a fundamental right,” emphasized Marta V. Martinez, executive director of RILA. “Our communities deserve to see art that reflects their experiences, and that challenges them to consider something new.”
Similarly, National Queer Theater, The Theater Offensive, and the Theatre Communications Group (TCG) are also challenging the new requirements. “Theatre is a vital tool for connecting us across identities and experiences,\” stated Emilya Cachapero, co-executive director of National and Global Programming at TCG. “Efforts to block theatres from receiving NEA funding are a direct attempt to stifle artistic expression.”
Details about the ongoing court case, Rhode Island Latino Arts v. National Endowment for the Arts, can be found at this link.
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