On March 5, 2025, the American Civil Liberties Union (ACLU) filed a lawsuit against President Donald Trump's executive order, which prohibits federal funds from promoting 'gender ideology.'

The lawsuit, filed in federal court in Rhode Island, claims that the new requirements imposed by the National Endowment for the Arts (NEA) violate the First and Fifth Amendments, as well as the NEA's governing statute.

The ACLU is seeking a temporary restraining order to prevent enforcement of the certification requirement before the upcoming March 24 application deadline for NEA grants.

Vera Eidelman, a senior attorney at the ACLU, argues that NEA grants should focus on artistic excellence rather than restrict eligibility based on the government's disapproval of certain messages.

Under the Trump administration, the NEA has shifted its grant priorities, including a focus on projects celebrating the 250th anniversary of the Declaration of Independence, while canceling programs that supported underserved communities.

The new rules require grant recipients to certify that federal funds will not be used to promote gender ideology, effectively excluding organizations that affirm transgender and nonbinary identities from receiving funding.

The plaintiffs contend that these new rules have unconstitutionally blocked them from receiving grants for projects supporting transgender and non-binary artistic expressions, despite previously being funded for similar initiatives.

According to the plaintiffs, the NEA's governing statute specifies that grant applications should only be judged based on 'artistic excellence and artistic merit,' not on political or ideological grounds.

Rhode Island Latino Arts (RILA), one of the plaintiffs, expressed concern that even acknowledging support for transgender and nonbinary artists could jeopardize their eligibility for funding.

The lawsuit follows a statement from four prominent theaters expressing concern over the NEA's new guidelines related to Diversity, Equity, and Inclusion, emphasizing their commitment to support transgender, non-binary, and queer artists.

The legal action seeks to declare the 'gender ideology' prohibition unlawful and to prevent its enforcement against the plaintiffs, highlighting the broader implications for the arts community.

Lynette Labinger, an ACLU cooperating attorney, noted that many artists are experiencing fear and intimidation, leading to altered submissions or complete withdrawal from the application process.