Rhode Island Latino Arts v. National Endowment for the Arts

Artists and theater groups are challenging a new certification requirement and funding prohibition for National Endowment for the Arts’ grant applications that requires applicants to attest that they will not “promote gender ideology” in order to be eligible for funding, and blocks any projects that reasonably appear to “promote gender ideology” from getting an award.

The suit argues that the new certification requirement and funding prohibition violates the Administrative Procedures Act, the First Amendment, and the Fifth Amendment. The ACLU is asking for a preliminary injunction before the grant application deadline on March 24.

The American Civil Liberties Union, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed the suit in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts (RILA); National Queer Theater (NQT); The Theater Offensive (TTO); and the Theater Communications Group (TCG).