Federal Court Denies Preliminary Injunction Against NEA's Gender Ideology Funding Ban

The U.S. District Court in Rhode Island has denied a motion for preliminary injunctive relief filed by arts organizations seeking National Endowment for the Arts (NEA) funding. The court ruled that the NEA’s February 6 decision to disqualify projects that “promote” what the government defines as “gender ideology” likely violated the First Amendment and exceeded its statutory authority. However, the court concluded that it could not interfere with the NEA’s current process of evaluating whether to reimpose the funding ban.

“We shouldn’t need to negotiate for the right to support and uplift all artists — including transgender and nonbinary artists,” said Marta V. Martinez, executive director of Rhode Island Latino Arts. “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 or censorship.”

The court noted that applicants “now ... have this Court’s preliminary review of the merits,” and suggested that any reimposition of the eligibility bar would be unlawful. The NEA is expected to announce how it will implement the executive order on April 30. However, applications for funding are due on April 7 and may be subject to rules that have not yet been finalized.

“This opinion makes clear that the NEA cannot lawfully reimpose its viewpoint-based eligibility bar,” said Vera Eidelman, senior staff attorney at the ACLU. “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.”

Steven Brown, executive director of the ACLU of Rhode Island, said, “The court’s decision will leave our clients in a state of censorial limbo. We are committed to continuing this case, defending the arts, and resisting attempts to stifle speech simply because the current administration does not like or agree with it.”

The ACLU had sought a preliminary injunction before the grant application deadline. The NEA initially imposed a certification requirement and funding ban following a presidential order prohibiting federal funding of projects promoting “gender ideology.” After the lawsuit was filed, the NEA temporarily rescinded the requirement but informed the court it is still evaluating how to apply the executive order. The evaluation will conclude on April 30, and the NEA may retroactively apply restrictions to pending applications.

“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. “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.”

Emilya Cachapero, Co-Executive Director of National and Global Programming at Theatre Communications Group (TCG), said, “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.”

“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. “Time is our greatest ally, and I await the result from the NEA’s decisionmaking 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.”

The lawsuit argues that the NEA’s certification requirement and funding ban violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment. The American Civil Liberties Union, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed the suit on behalf of Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and Theatre Communications Group.