Several arts groups have filed a lawsuit against the National Endowment for the Arts (NEA) due to a new policy that affects grant applications. The policy states that organizations applying for funding cannot promote what the government calls “gender ideology.” This rule was introduced by the Trump Administration, and many artists and advocacy groups argue that it unfairly restricts creative expression. The lawsuit aims to stop this policy from being enforced, as it could prevent many LGBTQ+ arts organizations from receiving funding.
ACLU files lawsuit on behalf of multiple arts organizations affected by the new rules
The American Civil Liberties Union (ACLU) is leading the legal battle against the NEA’s new restrictions. The lawsuit was filed in federal court in Rhode Island and represents four major arts organizations. These groups include Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and the Theatre Communications Group. These organizations have long supported LGBTQ+ artists and their work. They believe the new rule directly harms their ability to create and present meaningful art. The lawsuit argues that the restriction is unconstitutional and goes against the very purpose of the NEA.
Urgent deadline creates uncertainty for seeking federal grants
This lawsuit comes at a crucial time because the NEA’s funding cycle deadline is approaching quickly. The deadline for applications is March 24, leaving arts organizations with little time to understand how this new rule will affect them. Many groups are now unsure whether their grant applications will be considered or if they should even apply at all. The lawsuit aims to stop the rule before it causes lasting harm to these organizations and their ability to receive federal funding.
Executive order signed by Trump introduces new restrictions on federal arts funding
The rule is part of Executive Order 14168, which President Donald Trump signed on January 20. The order is officially titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” It requires grant applicants to certify that they will not use federal funds to promote gender ideology. Arts groups argue that this policy is discriminatory and designed to silence LGBTQ+ voices in the arts community. If enforced, it could severely impact many artists and cultural organizations across the country.
ACLU lawyer argues that the new policy violates constitutional rights
Vera Eidelman, a lead attorney with the ACLU, has strongly opposed the new NEA rule. She argues that it violates both the First and Fifth Amendments of the U.S. Constitution. She also says that it goes against the mission of the NEA, which is to support artistic expression and cultural diversity. According to Eidelman, forcing artists to comply with government-imposed restrictions on content undermines the entire purpose of publicly funded art. The lawsuit seeks to ensure that artists can continue to express themselves freely without fear of losing financial support.
LGBTQ+ theater groups say the rule threatens their ability to support artists worldwide
Adam Odsess-Rubin, the founding artistic director of the National Queer Theater, has voiced concerns over the impact of this policy. His organization is known for supporting LGBTQ+ playwrights, particularly those from countries where LGBTQ+ identities are criminalized. The theater’s annual Criminal Queerness Festival gives a platform to these playwrights, allowing their voices to be heard. Odsess-Rubin calls the new rule a direct attack on LGBTQ+ artists. His organization was offered a federal grant for 2025, but the award is now uncertain due to the policy change.
The NEA has faced backlash over this policy, but it has not made any public statements regarding the lawsuit. Many arts organizations and civil rights groups are waiting to see if the agency will address the concerns raised by the lawsuit. The NEA has been criticized in the past for enforcing restrictive policies under the Trump Administration, and this case adds to the ongoing controversy over federal arts funding.
A previous lawsuit over diversity and inclusion policies forced the NEA to change its rules
This is not the first time the NEA has been involved in legal disputes over federal funding policies. Another executive order previously required grant applicants to certify that they would not promote diversity, equity, and inclusion (DEI) in ways that violated federal anti-discrimination laws. This rule led to another lawsuit, which the plaintiffs won. As a result, the NEA had to change its policies and remove that certification requirement. This history suggests that legal action can force changes, and arts organizations hope this new lawsuit will have a similar outcome.
The ACLU has asked the court to move quickly in this case. They have requested an expedited hearing and a preliminary injunction. If granted, this would temporarily stop the rule from taking effect while the case is being decided. ACLU lawyers hope to block the policy before the March 24 deadline so that arts groups can apply for funding without restrictions. Many in the arts community are watching closely, as the outcome of this case could set an important precedent for federal funding and artistic freedom.
