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Several arts organizations represented by the American Civil Liberties Union are suing the National Endowment for the Arts over a new policy that aligns with President Donald Trump’s executive order that called for agencies to end federal funding of “gender ideology” and for the federal government to define sex as only male or female.
The plaintiffs include the Rhode Island Latino Arts organization, a nonprofit that honors art from Latinos in the state; National Queer Theater, a community-based group that works with LGBTQ+ communities; the Theater Offensive group, which promotes art by and for queer and trans people of color; and Theatre Communications Group, an organization of nonprofit theaters.
The Indiana Repertory Theatre, Indiana Convergence and The Phoenix Theatre in Indianapolis are among the more than 400 groups listed as members of Theatre Communications Group.
The NEA’s legal requirements—which were updated in February, according to the lawsuit—say grant applicants should understand “that federal funds shall not be used to promote gender ideology,” in compliance with the executive order.
The lawsuit argues that the NEA’s policy violates the Constitution “by imposing a vague and viewpoint-based restriction on artists’ speech.” They’re asking for a preliminary injunction or temporary restraining order ahead of the grant application deadline on March 24. The complaint was filed Thursday in the U.S. District Court in Rhode Island.
“Grants from the NEA are supposed to be about one thing: artistic excellence,” Vera Eidelman, senior staff attorney at the ACLU, said in a news release. “Blocking eligibility for artists because they express a message the government doesn’t like runs directly counter to the NEA’s purpose, the First Amendment’s prohibition on viewpoint-based regulation, and the role of art in our society.”
The NEA, which receives about $200 million in federal funding every year and awards grants to theaters, museums and other cultural groups, did not immediately respond to a request for comment.
According to the lawsuit, each of the nonprofit groups received NEA funding in the past and have promoted art that “affirms the equal dignity of all people—regardless of race, sex, religion, sexuality, or gender identity.” The groups assert that the new policy could block them from receiving future grants.
“Some of their proposed work appears to be ineligible for NEA funding under the new ‘gender ideology’ prohibition, even though similar work has been funded in the past,” the lawsuit states. “Moreover, the vagueness of the prohibition requires them to guess as to what if anything they can create, produce, or promote that addresses themes of gender, or that affirms the identities of all people regardless of their gender identity.”
The lawsuit comes one day after four American theaters—Long Wharf Theatre, New York Theatre Workshop, Portland Center Stage and the Public Theater—said in a joint statement that they would not agree to the new guidelines and called for their removal.
It also arrives as the Trump administration has looked to make its mark on arts institutions in Washington. Soon after taking office, the Trump administration moved to shutdown diversity, equity and inclusion programs in federally funded cultural institutions, which led to the Smithsonian Institution and the National Gallery of Art closing their diversity offices.
In February, the NEA said it would alter its 2026 grant guidelines to eliminate a fund for underserved communities and prioritize projects that honor the 250th anniversary of the signing of the Declaration of Independence.
The Kennedy Center has also drawn national headlines after Trump removed several of its board members and had the new board install him as chair, which led to event cancellations—including a production of “Hamilton.”
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