federal court rules gender ideology ban on art endowments unconstitutional 1234753210

A Rhode Island federal court ruled on Friday that National Endowment for the Arts (NEA) grants do not have to comply with President Trump’s executive order banning “gender ideology.” The order, introduced in February, prohibited federal funds from being used to promote the idea that males can identify as women and vice versa, and was applied to the NEA grant application process. The ACLU’s Rhode Island branch filed a lawsuit in March on behalf of several theaters, arguing the policy violated First Amendment rights by restricting the types of works that could receive funding. Judge William E. Smith, appointed by former President George W. Bush, found the policy unconstitutional, noting that the 1965 law establishing the NEA requires grants to be awarded solely on merit. A subsequent “final notice” allowing the NEA chair to review applications on a case-by-case basis was also struck down as a viewpoint-based restriction on artists’ speech.