PROVIDENCE, R.I.: Yesterday the U.S. District Court in Rhode Island denied a request for preliminary relief in the American Civil Liberties Union-led lawsuit challenging the National Endowment for the Arts’ funding restriction tied to “gender ideology.” The court maintained that the NEA’s decision on Feb. 6—to make any project that “promotes” what the government deems to be “gender ideology” ineligible for funds—likely violated the First Amendment and exceeded its statutory authority. But the court concluded that since the NEA is in the process of determining whether to reimpose that ban, the court could not get in the way of the agency’s decision-making.
In response, Marta V. Martinez, executive director of Rhode Island Latino Arts, which is a co-plaintiff in the suit, said in a statement. “We shouldn’t need to negotiate for the right to support and uplift all artists—including transgender and nonbinary artists. This order fails to bring us the clarity we need to apply for funds for projects that allow Latinx artists, especially those who are queer, trans, or nonbinary, to show up as their whole selves without fear of erasure of censorship. Artistic freedom and equal dignity are fundamental to a just and vibrant society, and despite today’s ruling, we will continue to create space for artists to tell their truths, challenge norms, and build bridges through their work.”
The court reminded applicants that they “now…have this Court’s preliminary review of the merits,” a review that suggests any reimposition of the eligibility bar would be unlawful. Applications for funding are due on April 7 and may be subject to as-yet-undecided rules, including the funding bar, as the NEA could retroactively apply the funding restriction to already-submitted projects.
“This opinion makes clear that the NEA cannot lawfully reimpose its viewpoint-based eligibility bar,” ACLU senior staff attorney Vera Eidelman said in a statement. “Though it falls short of the relief we were seeking, we are hopeful that artists of all views and backgrounds will remain eligible for the support and recognition they deserve in this funding cycle and beyond.”
The court’s decision now leaves arts organizations “in a state of censorial limbo,” said Steven Brown, executive director of ACLU of Rhode Island, another co-plaintiff, in a statement. But the plaintiffs stated that they are committed to continuing the case and defending artistic work that aligns with their values. “This is not the result we hoped for, but we remain hopeful that the NEA will be unable to reimpose their restrictions,” said Rose Oser, producing director of National Queer Theater, another co-plaintiff, in a statement. “This is just one of the administration’s many attempts to silence trans voices, but we will keep creating work that aligns with our values, and we will keep fighting on every front to defend trans rights and artistic freedom.”
“This is just one of many steps to greater relief, and there is liberation in clarity,” said Giselle Byrd, executive director of The Theater Offensive, another co-plaintiff, in a statement. “Time is our greatest ally, and I await the result from the NEA’s decision-making process. We must remain vigilant, and if this executive order is reimposed, we will be back in court and fighting against the unlawful attack on the First Amendment. We do not walk away silently against injustice and silence will not protect us.”
“We remain steadfast in our commitment to the artists and theatres at the heart of this fight,” Emily Cachapero, the co-executive director of National and Global Programming at Theatre Communications Group (another co-plaintiff, and the publisher of American Theatre) said in a statement. “This moment is about more than a single grant cycle—it’s about the future of artistic freedom in this country. We are disappointed in this decision but will continue to advocate for a theatre ecology where all voices—especially trans and nonbinary voices—are welcomed and celebrated.”
In case you missed it, a timeline of previous events:
In February, when NEA grant details and applications for 2026 were launched, the NEA imposed a certification requirement and funding prohibition in response to President Trump’s order prohibiting federal funding of anything that “promotes gender ideology.” Part 1 of grant applications was to be due March 11, with Part 2 due on March 24.
On March 6, the ACLU, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed a suit in the U.S. District Court of Rhode Island on behalf of arts organizations applying for NEA funding. This included Rhode Island Latino Arts (RILA); National Queer Theater (NQT), based in New York City; The Theater Offensive (TTO), based in Boston; and the Theatre Communications Group (TCG), the national service organization for U.S. theatres and the publisher of American Theatre. They asked for a grant injunction by March 24, the initial deadline, arguing that the certification requirement and funding prohibition violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment.
On March 7, just a day after the suit was filed, the NEA temporarily rescinded the attestation requirement and funding prohibition after the lawsuit was filed. The agency advised the judge that the NEA was in the process of evaluating how the executive order would be implemented, and that the evaluation would not be completed until April 30, when the agency will announce how they are planning to implement the executive order. The NEA applicant portal’s Part 2 portion was extended to open March 14, with Part 2’s deadline extended to April 7.
More information about the case can be found here. American Theatre’s past coverage is here.
