A federal judge has struck down a Trump administration policy that sought to disfavor arts organizations promoting “gender ideology” when applying for National Endowment for the Arts (NEA) grants. U.S. District Judge William Smith in Rhode Island ruled the measure unconstitutional, citing First Amendment free speech protections.
The case stemmed from an executive order signed by President Donald Trump at the start of his second term, requiring federal agencies to recognize only two sexes—male and female—and to restrict funding for projects seen as endorsing gender ideology. Following this order, the NEA required applicants to certify compliance before being eligible for grants.
Several arts and theater groups, represented by the American Civil Liberties Union (ACLU), challenged the policy in court. They argued that it forced self-censorship and limited projects involving transgender characters or LGBTQ actors. The NEA initially rescinded its first rule after the lawsuit but later reintroduced a revised version. The updated rule allowed the NEA chair to evaluate applications based on “artistic merit and excellence,” including whether projects promoted gender ideology.
Although the administration claimed such projects wouldn’t be automatically denied funding, Judge Smith found the approach to be unconstitutional viewpoint discrimination. He emphasized that the NEA’s governing statute does not authorize the agency to impose such restrictions.
Vera Eidelman, an ACLU attorney, hailed the ruling as a “significant victory for freedom of speech and artistic freedom.” Meanwhile, both the NEA and the White House declined to comment.
The decision underscores ongoing legal battles over federal funding, free expression, and LGBTQ rights, highlighting how political directives can directly impact artistic communities nationwide.


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