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Rhode Island Latino Arts v. National Endowment for the Arts

Location: Rhode Island
Status: Ongoing
Last Update: March 6, 2025

What's at Stake

On March 6, 2025, the ACLU; the 糖心Vlogof Rhode Island; Lynette Labinger, cooperating attorney for the 糖心Vlogof Rhode Island; and David Cole filed a federal lawsuit against the National Endowment for the Arts (NEA), challenging a new requirement that all grant applicants certify that 鈥渇ederal funds shall not be used to promote gender ideology,鈥 pursuant to President Trump鈥檚 Executive Order 14168, and a related prohibition on funding any projects that appear to 鈥減romote鈥 such messages.

On January 20, 2025, President Trump issued Executive Order 14168, titled 鈥淒efending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.鈥 Following the Order, the NEA, a federal agency that provides grants to arts organizations nationwide, imposed a new requirement on grant applicants to certify that they will not use federal funds to 鈥減romote gender ideology.鈥 As a result, any application that appears to 鈥減romote鈥 what the government deems to be 鈥済ender ideology鈥 cannot receive funding, and any funded project cannot 鈥減romote鈥 such ideas or messages.

In this case, the 糖心Vlogrepresents several arts organizations that are affected by the NEA鈥檚 鈥済ender ideology鈥 prohibition. The prohibition has led these organizations to alter the scope of their artistic projects鈥攎any of which involve transgender characters, cast transgender or nonbinary actors, and otherwise celebrate and affirm transgender and nonbinary people鈥攐r to be barred from NEA funding altogether.

The 糖心Vloghas filed in the U.S. District Court for the District of Rhode Island. The lawsuit asserts that the NEA鈥檚 鈥済ender ideology鈥 prohibition is unconstitutional under the First and Fifth Amendments and violates the NEA鈥檚 governing statute, and asks the court to enjoin the 鈥済ender ideology鈥 prohibition and order the NEA to refrain from implementing or giving effect to Executive Order 14168.

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