The lawsuit seeks to block a new rule that requires groups applying for grants from the National Endowment for the Arts to agree not to promote “gender ideology.”
Several arts organizations sued the National Endowment for the Arts on Thursday, challenging its new requirement that grant applicants agree to comply with President Trump’s executive orders by promising not to promote “gender ideology.”
The groups that filed the suit have made or supported art about transgender and nonbinary people, and have received N.E.A. funding in the past. They say the new requirement unconstitutionally threatens their eligibility for future grants.
“Because they seek to affirm transgender and nonbinary identities and experiences in the projects for which they seek funding, plaintiffs are effectively barred by the ‘gender ideology’ certification and prohibition from receiving N.E.A. grants on artistic merit and excellence grounds,” the lawsuit says.
The groups are being represented in the litigation by the American Civil Liberties Union, which said in the lawsuit that the N.E.A. rule “has sowed chaos in the funding of arts projects across the United States.” After Mr. Trump began his second term, the N.E.A. said it would require grant applicants to agree “that federal funds shall not be used to promote gender ideology,” which Mr. Trump said in an executive order includes “the false claim that males can identify as and thus become women and vice versa.”
The N.E.A. did not immediately respond to a request for comment.
The suit was filed in a federal court in Rhode Island on behalf of Rhode Island Latino Arts, which promotes art made by Latinos; the Theater Offensive, an organization in Boston that presents work “by, for and about queer and trans people of color”; and National Queer Theater, a New York company best known for its Criminal Queerness Festival, which presents the work of international artists with roots in countries where their sexuality is criminalized or censored.
“The N.E.A. has been a very robust supporter of ours,” said Adam Odsess-Rubin, the founding artistic director of National Queer Theater, which received $20,000 from the N.E.A. in 2023, $25,000 in 2024, and has been scheduled to receive $20,000 this year. “It’s ironic for us to be asked to check a box saying we won’t promote gender ideology; it doesn’t make sense to us; it’s not clear how it serves the American public at all, and, frankly, it’s discriminatory.”