NEW YORK, Sept 19 — A federal judge has struck down a controversial Trump-era policy that denied arts funding to organizations promoting so-called “gender ideology,” ruling that it violates the First Amendment of the U.S. Constitution.
In a decisive ruling, US District Judge William Smith, based in Providence, Rhode Island, blocked the enforcement of a policy tied to an executive order signed by former President Donald Trump. That policy had instructed the National Endowment for the Arts (NEA) to weigh applications negatively if a proposed project was perceived as promoting gender identity issues.
Judge Smith, who was appointed by President George W. Bush, held firm in his judgment, stating that the policy unlawfully targeted and suppressed specific viewpoints — a clear infringement on the right to free speech. “It assigns negative weight to the expression of certain ideas on the issue of gender identity,” he noted in his opinion.
The case was brought by four arts and theater organizations, represented by the American Civil Liberties Union (ACLU). “This is an important victory for freedom of speech and artistic freedom,” said Vera Eidelman, an ACLU attorney.
The controversy began earlier this year when the NEA asked grant applicants to sign a statement confirming they would not promote “gender ideology,” as per Trump’s January 20 executive order after beginning his second term. The order defined gender strictly as male or female, directing federal agencies to deny funding to initiatives that did not align with that binary.
In response, the plaintiffs argued that the policy would force them to self-censor and limit creative expression involving transgender or LGBTQ themes.
Although the NEA later revised its policy, allowing for case-by-case consideration of whether projects “promote gender ideology,” Judge Smith ruled that even the updated policy remained unconstitutional. He added that the NEA had overstepped its authority — its governing statute does not give its chair the power to disfavor projects based on viewpoint.
The White House and the NEA did not provide comments on the ruling.
Why This Ruling Matters
At its core, this ruling is about more than funding. It is about what kind of country we want to live in — one that celebrates diverse voices and allows art to challenge, reflect, and expand our understanding of identity. Artists are not political pawns; they are society’s storytellers, truth-tellers, and visionaries. When we silence them, we lose part of our collective humanity.
This court decision stands as a reminder: freedom of expression is not negotiable, and the fight for inclusion and dignity is not over.
