Free Speech Victory: Court Bars NEA from Enforcing “Gender Ideology” Restrictions

We are proud to share an important victory in our fight to protect artistic freedom and ensure equitable access to federal funding. On September 19, 2025, a federal judge in Rhode Island struck down the National Endowment for the Arts’ (NEA) policy disfavoring grant applications deemed to “promote gender ideology.”

This ruling permanently sets aside the policy, affirming that viewpoint-based restrictions have no place in federal arts funding. It is a decisive win for TCG, our co-plaintiffs, our member theatres, and the broader arts community.

What the Court Decided:

• The NEA’s current policy implementing Executive Order 14168 has been, in effect, erased. The agency may no longer implement this policy disfavoring or denying grants on the basis that they “promote gender ideology.” This ruling applies broadly, protecting all applicants. 
• The court ruled that the NEA’s plans to disfavor such projects in the grant review process violated the First Amendment as a viewpoint-based restriction on private speech. It also found the policy arbitrary and capricious under the Administrative Procedure Act, noting there was “zero explanation” of what the term even meant or how it related to artistic merit, excellence, or respect for diverse beliefs.
• The ruling prohibits the government from imposing similar restrictions against TCG, our members, or our co-plaintiffs in the future.

Why It Matters

This case sets and reinforces critical precedent: if the NEA makes any future attempts to impose viewpoint-based restrictions on its grants, this decision provides a clear legal roadmap to challenge them. Most importantly, it ensures that federal arts funding remains open to the full diversity of artistic expression.

This case was about striking down unlawful restrictions—not undermining the NEA itself. We continue to stand firmly behind the NEA’s mission, while ensuring its policies uphold constitutional protections.

We thank our entire community, and especially our TCG members, for taking a bold stance against attempts to limit accessibility to federal arts funding. Your leadership and solidarity made clear that artistic excellence and freedom of expression must be safeguarded for all.

You can read the ACLU’s public statement here.

We’ll continue monitoring for related developments and will be sharing a press release and advocacy update in the coming days. In the meantime, let's celebrate this critical win for artistic freedom!