NEA requires grant applicants to certify funds will not "promote gender ideology"
- Date
- Actor
- National Endowment for the Arts
- Type
- Funding action (grant certification)
Summary
Implementing EO 14168, the NEA required all grant applicants to certify that "federal funds shall not be used to promote gender ideology" and made projects deemed to "promote gender ideology" ineligible or disfavored in funding decisions. The ACLU sued on March 6, 2025 on behalf of Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and Theatre Communications Group; the NEA suspended the certification on March 10, 2025, but continued to disfavor "gender ideology" projects in review. This was the most explicit government-wide-style "gender ideology" grant certification actually imposed; NIH's parallel certification regime is below.
Status
On September 19, 2025, Judge William Smith (D.R.I.) held the policy violated the First Amendment (viewpoint discrimination) and the APA, enjoining and setting aside implementation of the EO in NEA grantmaking (Rhode Island Latino Arts v. NEA, No. 1:25-cv-00079). Government appeal pending in the First Circuit (No. 25-2113); briefing completed July 2026.
As recorded in the data of . Check the sources for anything newer.
Related litigation
-
Related case
-
Related case
Sources
- rhodeislandcurrent.com/2025/03/10/nea-suspends-rule-after-aclu-files-lawsuit-co…(opens another site)
- aclu.org/press-releases/court-rules-in-favor-of-artists-free-speech-in-case-aga…(opens another site)
- aclu.org/press-releases/nea-funding-certification-removed(opens another site)
- courtlistener.com/docket/71924795(opens another site)