Theaters File Lawsuit Against N.E.A. Over Trump’s ‘Gender Ideology’ Order

Lawsuit Challenges NEA’s Grant Requirement on Gender Ideology

A coalition of arts organizations filed a lawsuit against the National Endowment for the Arts (NEA) on Thursday, opposing a new stipulation that requires all grant applicants to pledge compliance with President Trump’s executive orders. At the center of contention is the requirement that applicants agree not to promote what is termed “gender ideology.” This legal action has garnered attention as it raises significant constitutional and artistic freedom issues.

The organizations involved in the suit, which have histories of creating and supporting art that reflects the experiences of transgender and nonbinary individuals, argue that this new requirement unfairly jeopardizes their eligibility for future NEA grants. The lawsuit claims that this stipulation not only violates the First Amendment rights of these groups but also creates a chilling effect on artistic expression. By mandating such alignment with the controversial notion of “gender ideology,” the NEA is effectively excluding those who affirm diverse gender identities, which the suit argues is a violation of the constitutional protections afforded to artistic endeavors.

The lawsuit highlights that the groups have historically utilized NEA funding to develop and present works celebrating LGBTQ+ narratives and experiences. One of the key elements noted is that the new certification requirement creates a barrier for organizations seeking funds based on their artistic merit. According to the lawsuit, “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 from receiving NEA grants on artistic excellence grounds.”

Represented by the American Civil Liberties Union (ACLU), the plaintiffs contend that the NEA’s rule has injected confusion and disruption into the funding of arts projects nationwide. The NEA’s directive, outlined in an executive order initiated during Trump’s second term, explicitly states that federal funds should not be allocated in a manner that emphasizes the concept of gender identity, which Trump’s administration claims is rooted in what they consider “false” gender assertions.

The NEA has yet to issue a public response to this lawsuit. The complaint was officially lodged in federal court in Rhode Island by several organizations including Rhode Island Latino Arts, which supports Latino artistic projects; the Boston-based Theater Offensive, dedicated to works “by, for and about queer and trans people of color”; and the National Queer Theater from New York, known for its Criminal Queerness Festival. These groups have all previously benefited from NEA funding and seek to continue their work without the imposition of this new guideline.

Adam Odsess-Rubin, the founding artistic director of National Queer Theater, articulated the concern that this requirement feels absurd and contradictory to their mission. “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,” Odsess-Rubin stated, referencing the financial support his organization received from NEA and expressing dismay at the new restrictions.

The ACLU’s Vera Eidelman indicated that the organization is seeking a judicial order to prevent the implementation of the new requirement before the upcoming NEA grant application deadline later this month. The legal argument rests on the assertion that imposing viewpoint-based conditions on grant applicants constitutes a violation of both NEA’s statutory authority and the Constitution. Eidelman raised critical questions about the broader implications of the NEA’s requirement, querying whether it might ban the casting of transgender or nonbinary individuals in productions or the depiction of characters with diverse gender identities.

Artistic expression has long reflected the complexities of identity, and such restrictions could limit the representation of these pivotal themes. The lawsuit forms part of a broader trend of legal challenges faced by various executive actions taken during Trump’s administration.

Moreover, the NEA has also introduced other compliance requirements that prohibit grant applicants from promoting diversity, equity, and inclusion in ways that contradict existing anti-discrimination laws. However, this latter stipulation is currently under preliminary injunction, temporarily halting its enforcement.

Concerns surrounding the new NEA guidelines have led multiple prominent theaters and arts institutions to voice their dissent against the requirements. A statement released earlier this week by four major American theaters — including the Public Theater and New York Theater Workshop — explicitly declared their refusal to abide by the new guidelines, advocating for their prompt withdrawal.

As this legal battle unfolds, it not only underscores the ongoing polarization surrounding issues of gender identity and expression but also raises fundamental questions about the role of government funding in supporting the arts. The outcome of this lawsuit may set an important precedent for future funding practices and the extent of artistic freedom in the United States.