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U.S. Court Ruling on NEA Funding Creates Uncertainty for Artists

The U.S. District Court for Rhode Island has rejected a request for preliminary injunctive relief from several arts organizations regarding funding from the National Endowment for the Arts (NEA). The court acknowledged that the NEA’s decision made on February 6, which disqualified projects that the government classified as promoting “gender ideology,” likely infringed upon First Amendment rights and exceeded the agency’s legal authority. Nevertheless, the court ruled that it could not intervene in the NEA’s ongoing process of deciding whether to reinstate the funding restrictions.

Marta V. Martinez, executive director of Rhode Island Latino Arts, expressed disappointment, stating, “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 or censorship.”

The court’s ruling indicated that applicants have received a preliminary evaluation of the case and warned that any attempt to reintroduce the eligibility restrictions would likely be unlawful. With applications for funding due on April 7, there are concerns about compliance with rules that are still under review. The NEA is expected to announce its implementation plans regarding the executive order by April 30.

Vera Eidelman, a senior staff attorney at the ACLU, remarked, “This opinion makes clear that the NEA cannot lawfully reimpose its viewpoint-based eligibility bar. 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, highlighted the ongoing challenges for their clients, suggesting that the ruling leaves them in a state of uncertainty. “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,” he stated.

Initially, the NEA enforced a certification requirement and a funding ban in alignment with a presidential order that restricts federal funding for projects deemed to promote “gender ideology.” Following the lawsuit, the NEA temporarily lifted these requirements but ongoing evaluations continue, with a final decision anticipated by the end of April. There remains the possibility that restrictions could be applied retroactively to current applications pending review.

Rose Oser, producing director of National Queer Theater, conveyed a hope for a more favorable outcome, saying, “This is not the result we hoped for, but we remain hopeful that the NEA will be unable to reimpose their restrictions. 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), emphasized the broader implications of the ruling, noting that “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.”

Giselle Byrd, executive director of The Theater Offensive, expressed cautious optimism, stating, “This is just one of many steps to greater relief and there is liberation in clarity. 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.”

The ongoing lawsuit contends that the NEA’s certification condition and funding prohibition breach several laws, including the Administrative Procedure Act, the First Amendment, and the Fifth Amendment. The American Civil Liberties Union, alongside the ACLU of Rhode Island and cooperating legal counsel, represents a coalition of organizations, including Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and Theatre Communications Group.

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