Artists and theater groups are challenging new requirements imposed by the National Endowment for the Arts (NEA) on grant applications. The NEA now mandates applicants to certify that they will not "promote gender ideology" to qualify for funding, and prohibits projects that appear to do so from receiving awards.
The American Civil Liberties Union, along with its Rhode Island chapter, David Cole, and Lynette Labinger, have filed a lawsuit in the U.S. District Court of Rhode Island. They represent organizations including Rhode Island Latino Arts (RILA), National Queer Theater (NQT), The Theater Offensive (TTO), and Theatre Communications Group (TCG).
The lawsuit contends that these new requirements violate the First Amendment, the Administrative Procedure Act, and the Fifth Amendment. The ACLU is seeking a preliminary injunction or temporary restraining order before the March 24 grant application deadline.
"This gag on artists' speech has had a ripple effect across the entire art world," stated Vera Eidelman from ACLU. She emphasized that NEA grants should focus on artistic excellence rather than restricting artists based on their messages.
President Donald Trump signed an executive order in January 2025 stating federal funds should not promote gender ideology.
Steven Brown from ACLU of Rhode Island remarked, "Requiring artists to sign a loyalty oath in exchange for funding is not what Congress intended."
Rhode Island Latino Arts planned to apply for NEA funding but altered its project plans due to these requirements. Marta V. Martinez of RILA asserted that artistic expression is fundamental and should reflect diverse experiences without compromising values.
National Queer Theater intends to seek funding for their Criminal Queerness Festival but faces potential ineligibility under the new rules. Adam Odsess-Rubin of NQT called it "a cruel irony."
The Theater Offensive seeks support for their play "Smoke." Giselle Byrd criticized the pledge as undermining trans and nonbinary voices at crucial times.
Emilya Cachapero from TCG highlighted theatre's role in connecting diverse identities while opposing efforts that stifle artistic expression.
Today's filing can be found here: https://www.aclu.org/cases/rhode-island-latino-arts-v-national-endowment-for-the-arts?document=Complaint
