A federal judge has ruled that the Trump administration crossed a constitutional line when it tried to keep artists and arts groups from receiving federal grants if their work touched on what the former president branded “gender ideology.”
U.S. District Judge William Smith, sitting in Providence, Rhode Island, declared that the National Endowment for the Arts (NEA) policy enforcing Trump’s order was a direct assault on free speech rights guaranteed by the First Amendment. His opinion noted that the government had effectively put a thumb on the scale, penalizing artists for expressing certain ideas about gender identity.
The case was brought by four arts and theater organizations who argued that the rule would force them into self-censorship—avoiding projects involving transgender characters or LGBTQ performers simply to keep funding opportunities alive. The American Civil Liberties Union, which represented them, hailed the decision as a “major win for artistic freedom.”
Trump’s order, signed as he began his second term, directed federal agencies to officially recognize only two sexes—male and female—and to steer clear of funding work that advanced what he called “gender ideology.” The NEA first rolled out a certification requirement for grant applicants, then later adjusted it to allow “case-by-case” discretion, but the underlying message remained: projects exploring gender identity were disfavored.
Judge Smith found both versions unconstitutional, writing that the NEA’s authority did not extend to imposing viewpoint-based restrictions on private speech. By weighing an applicant’s expression against them, the agency had gone beyond its mandate.
With the policy now struck down, arts organizations no longer face the threat of losing federal support over the content of their work—at least on this front.
