A lawsuit has been filed against the National Endowment for the Arts (NEA) by a branch of the American Civil Liberties Union (ACLU) in Rhode Island. The suit challenges the NEA’s new policy that applicants should not “promote gender ideology,” claiming that it will restrict the types of works that can be funded. This policy came in response to an executive order issued by President Donald Trump in January.
The complaint, filed in the United States District Court for the District of Rhode Island, argues that President Trump’s executive order was an “unlawful and unconstitutional exercise of executive power” that has disrupted the funding of arts projects nationwide. While the lawsuit primarily focuses on theatrical productions, it has broader implications for art exhibitions featuring nonbinary and transgender artists. Many prominent art institutions in the U.S., including the Metropolitan Museum of Art and the Museum of Modern Art, receive NEA funding.
Impacted Theatrical Productions
The lawsuit highlights several theatrical productions affected by the “gender ideology” executive order. For example, Rhode Island Latino Arts planned to stage a remake of Faust with a gay and queer protagonist portrayed by a nonbinary actor. However, due to concerns about promoting “gender ideology,” the theater chose not to apply for an NEA grant. Marta V. Martinez, the executive director of Rhode Island Latino Arts, emphasized the importance of celebrating diverse identities and experiences, underscoring the organization’s commitment to its core values.
Similarly, the Boston-based Theater Offensive sought to produce Smoke, a play by Lady Dane Figueroa Edidi that explores transgender life. Although the Theater Offensive intended to cast two transgender actors in the production, the NEA’s current restrictions prevent the organization from seeking funding. Giselle Byrd, the executive director of the Theater Offensive, condemned the NEA’s policy as a direct attack on the rights and dignity of trans and nonbinary individuals, lamenting the silencing of marginalized voices.
Impact on Arts Community
The ACLU’s lawsuit reflects broader concerns about the Trump administration’s influence on the arts. Federal institutions like the National Gallery of Art and the Smithsonian Institution have already scaled back their diversity, equity, and inclusion (DEI) efforts, signaling a potential crackdown on artistic expression. Recent developments at the Art Museum of the Americas in Washington, D.C., further illustrate this trend, with the cancellation of shows featuring artists of the African diaspora and Andil Gosine. While the museum has not provided a public explanation for these cancellations, many speculate that they are linked to the administration’s stance on DEI-related initiatives.
Beyond the visual arts, the impact of Trump’s policies is also felt in the performing arts sector. The Kennedy Center, a renowned venue in Washington, D.C., faced controversy after the cancellation of a planned run of Hamilton, Lin Manuel-Miranda’s acclaimed musical. Miranda attributed this decision to recent actions by the Trump administration, raising concerns about the future of artistic freedom in the face of political pressures.
The NEA’s gender ideology funding policy has sparked a legal battle that goes beyond financial considerations, touching on fundamental questions of identity and representation in the arts. As artists, activists, and advocates grapple with these challenges, the outcome of this lawsuit could have far-reaching implications for the cultural landscape of the United States. The fight for artistic expression and inclusivity continues as stakeholders navigate the complex intersection of politics and creativity.
