Court Sides with Arts Groups in Challenge to NEA‘s ‘Gender Ideology’ Restrictions
A federal court has ruled in favor of arts organizations challenging the National Endowment for the Arts’ (NEA) implementation of an executive order restricting funding for projects deemed to “promote gender ideology.” The decision, announced in late June, affirms that the NEA’s actions likely violated the First Amendment and exceeded its statutory authority.
The case stemmed from a 2023 executive order aiming to limit the use of federal funds for initiatives supporting what the administration termed “gender ideology.” Initially, the NEA paused a requirement that applicants certify their projects did not promote such ideologies, then sought a new process for applying the order.
in April, the court found the NEA’s approach of disqualifying projects based on “gender ideology” promotion likely unconstitutional, but delayed an injunction to allow the agency time to reconsider. Following the NEA’s admission it would disfavor projects based on governmental definitions of ”gender ideology,” the ACLU filed a motion for an injunction, leading to the recent ruling.
“This is a victory for arts organizations across the country,” said Adam Odsess-Rubin, founding artistic director of National Queer Theater. “The NEA was created to support art from all parts of American society,and we are relieved the judge is affirming our constitutional freedom of speech in this case. We will not allow the trans community to be scapegoated, and we will not be censored.”
Marta V. Martínez, executive director of Rhode Island Latino Arts, echoed thes sentiments, stating, “This decision affirms what we have always believed: the freedom to create, to express one’s truth, and to tell our stories is a right protected by the First Amendment.”
Case documents are available at https://www.riaclu.org/en/cases/rhode-island-latino-arts-v-national-endowment-arts.
