A branch of the American Civil Liberties Union (ACLU) sued the National Foundation for the Arts (NEA), a federal organization that funded many major art centers in the United States.
In a lawsuit filed Thursday, the Rhode Island branch of the American Civil Liberties Association filed a lawsuit on behalf of several theaters, claiming that the NEA’s new policy does not apply for “promoting gender ideology” would limit which works can be displayed. The NEA passed the policy after President Donald Trump’s executive order issued in January.
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The complaint said the executive order was filed in the U.S. District Court in the Rhode Island area, “an illegal and unconstitutional exercise of executive power has aired chaos in funding for art projects across the United States.”
Although the lawsuit refers primarily to dramatic works, its allegations may also affect art exhibitions of works by non-binary and transgender artists. From the Metropolitan Museum of Art to the Museum of Modern Art, most major art institutions in the United States receive NEA funds in varying quantities.
The lawsuit mentions several dramatic works, namely the ACLU claiming to be influenced by the executive order of “gender ideology”.
A kind of work performed by Rhode Island Latino art is a remake Faustnow has a protagonist, the lawsuit is called “gay and queer.” The lawsuit says the role of a non-binary actor is being considered, so the theater decided not to apply for a NEA grant because the work could be viewed as an example of promoting a “gender ideology.”
“All our projects are designed to welcome and celebrate a wide variety of identities and experiences, especially the various identities and experiences of recent immigrants and Latino and LGBTQ+ communities,” said Marta V. Martinez, executive director of Latino Arts in Rhode Island, in a statement. “This is the principle established by Rila and we cannot bully our values.”
Another affected organization is the Boston-based Theatre Offensive Company. According to the ACLU, the theater’s offense wants to make its debut smokea drama written by the transgender Mrs. Dane Figueroa Edidi. According to the lawsuit, the show was read publicly in 2024, “Explore love, find family, conceive and heal, and reveal the complexity of transgender life.” The theater’s offense hopes to perform the game by including actors from two transgender actors in 2026, but it said that with NEA’s “gender ideology” regulations, it is currently impossible to seek funding from the organization.
“This commitment from the NEA further attacks the rights and dignity of trans and non-binary people, silencing our voices when it is needed most,” Giselle Byrd, executive director of the Theater Offensive, said in a statement.
A NEA spokesperson did not respond Artnews Request a comment.
The lawsuit is amid widespread concerns about whether the Trump administration’s policies will lead to the suppression of which arts. Signs of this have arrived at federally operated museums such as the National Gallery of Art and the Smithsonian Institution, both of which have begun to demolish their efforts.
Further evidence can be found this week at the Museum of American Art in Washington, D.C., which cancels exhibitions of African diaspora artists, including works by Martin Pury, Elizabeth Catlett and Amy Sherald, among other well-known figures. Another show by artist Andil Gosine at the same institution was also cancelled. Although the museum has not commented on why the show was removed from its schedule, many have read the cancellation, which is a response to the Trump administration’s response to everything DEI-related.
Outside the visual arts field, Trump’s takeover of the Kennedy Center, a major performing arts venue in Washington, D.C., has also raised alarms. Earlier this week HamiltonLin Manuel-Miranda’s musical canceled a planned plan, a decision that Miranda attributed to Trump’s recent action.
