Providence, RI: Yesterday, the US District Court of Rhode Island refused a preliminary repair request in the Union of American Civil Liberties-Put to court contesting the National endowment for arts“Financing restriction linked to” gender ideology “. The court argued that the Nea decision on February 6– to do any project that “promotes” what the government considers “gender ideology” inadmissible to funds – violated the first amendment and exceeded its statutory authority. But the Court concluded that, since the NEA was determining whether it is necessary to repimagate this prohibition, the court could not bother the agency's decision.
In response, Marta V. Martinez, executive director of Rhode Island Latino ArtsWho is a co-plain of the prosecution, said in a statement: “We should not need to negotiate the right to support and raise all artists, including transgender and non-binary artists. This order does not bring us the clarity of which we must request funds for projects which allow Latinx artists, in particular those who are queer, trans or non -binary. Dignity is fundamental for a fair and dynamic society, and despite today's decision, we will continue to create a space so that artists say their truths, challenge standards and build bridges through their work. »»
The court reminded the applicants that they “now … have the preliminary examination of this court of this court”, an examination which suggests that any reproduction of the eligibility bar would be illegal. Financing requests are due on April 7 and can be subject to rules that are not yet underestimated, including the financing bar, because the NEA could retroactively apply the financing restriction to projects already submitted.
“This opinion clearly indicates that the NEA cannot legally reimpire its eligibility bar based on the point of view,” said ACLU's main lawyer, Vera Eidelman, in a press release. “Although this is not the relief that we are looking for, we hope that artists from all points of view and from all horizons will remain eligible for the support and recognition they deserve in this financing cycle and beyond.”
The court's decision now leaves artistic organizations “in a state of censored limbo,” said Steven Brown, executive director of Aclu du Rhode IslandAnother co-plaignant, in a press release. But the complainants said they were determined to continue the case and defend the artistic work that aligns their values.
“This is not the result we hoped for, but we will keep the hope that the NEA will not be able to re -implicate its restrictions,” said Rose Oser, director of the production of National Queer TheaterAnother co-plaignant, in a press release. “This is only one of the many attempts at the administration to silence the trans voices, but we will continue to create a work that aligns our values, and we will continue to fight on each front to defend trans and artistic freedom rights.”
“This is only one of the many stages for greater relief, and there is a release in clarity,” said Giselle Byrd, executive director of The theater offensiveAnother co-plaignant, in a press release. “Time is our greatest ally, and I am waiting for the result of the NEA decision -making process. We must remain vigilant, and if this executive decree is reposed, we will be back in court and fight against the illegal attack against the first amendment. We do not silently move away against injustice and silence will not protect us. ”
“We remain firmly in our commitment to artists and theaters at the heart of this fight,” said Emily Cachapero, co-director of national and global programming at Theater communications group (Another co-plain and the publisher of American theatersaid in a press release. “This moment represents more than one cycle of subsidies – it is the future of artistic freedom in this country. We are disappointed with this decision, but we will continue to defend a theatrical ecology where all voices – in particular trans and non -binary voices – are welcomed and celebrated. ”
In case you have missed it, a chronology of previous events:
In FEBRUARYWhen Details and candidates from the NEA grant Since 2026, the NEA has imposed a Certification requirement and financing prohibition In response to the order of President Trump prohibiting federal funding from everything that “promotes gender ideology”. Part 1 of grant requests was to be due March 11With part 2 due to March 24.
On March 6THE AcluTHE Aclu du Rhode Island,, David ColeAnd Lynette LabingerAclu-Ri cooperating lawyer, deposited a costume Before the Rhode Island District Court on behalf of artistic organizations which require funding from the NEA. It understood Rhode Island Latino Arts (CRY); National Queer Theater (NQT), based in New York; The theater offensive (TTO), based in Boston; and the Theater communications group (TCG), the national organization of services for American theaters and the publisher of American theater. They asked for a subsidy injunction by March 24The initial deadline, arguing that the requirement of certification and the prohibition of financing violates the law on administrative procedure, the first amendment and the fifth amendment.
On March 7Just a day after filing the pursuit, the Nea temporarily canceled the certificate requirement and the prohibition of financing after filing the trial. The agency informed the judge that the NEA was evaluating how the decree would be implemented and that the evaluation would not be completed before April 30When the agency announces how it plans to implement the decree. The part of part 2 of the candidate NEA portal has been extended to open March 14with the deadline for part 2 extended to April 7.
More information on the case can be found here. American theaterThe past coverage is here.
