NEW YORK, Sept 19 — A federal judge yesterday blocked US President Donald Trump’s administration from disfavoring arts organisations deemed to be promoting “gender ideology” when deciding which ones should receive grants from the National Endowment for the Arts.
US District Judge William Smith in Providence, Rhode Island, ruled that a policy the NEA adopted to implement an executive order Trump signed was unlawful and violated the free speech protections of the US Constitution’s First Amendment.
Smith, an appointee of Republican President George W. Bush, said the policy improperly restricts artists’ speech because it “assigns negative weight to the expression of certain ideas on the issue of gender identity.”
Vera Eidelman, a lawyer at the American Civil Liberties Union representing the four arts and theatre organisations that sued over the policy, in a statement called the ruling “an important victory for freedom of speech and artistic freedom.”
The NEA and White House did not respond to requests for comment.
The lawsuit was filed in March after the NEA required grant applicants to certify they would not promote “gender ideology” in accordance with an executive order the Republican president signed upon returning for his second term in office on January 20.
That order directed the government to recognize only two sexes – male and female – and required agencies to ensure grant funds do not promote what he dubbed “gender ideology.”
The plaintiffs said the NEA’s policy would force them to self-censor to obtain funding and alter the scope of artistic projects that involve transgender characters or LGBTQ actors.
After the lawsuit was filed, the NEA rescinded its initial policy and on April 30 re-implemented Trump’s order through a new one under which the NEA’s chair would assess grant applications “for artistic excellence and merit, including whether the proposed project promotes gender ideology,” on a “case-by-case” basis.
While a project deemed to promote “gender ideology” would not be denied funding solely on that basis, that determination could weigh against whether it receives final approval, the administration said.
Smith had in an earlier opinion concluded the NEA’s initial policy likely was unconstitutional. In Friday’s ruling, he said its latest effort constituted an unconstitutional viewpoint-based restriction on private speech.
He said the NEA also lacked authority to adopt the policy as its governing statute did not empower its chair to categorically disfavor applications for promoting certain views. — Reuters
Trump order denying grants to artists over ‘gender ideology’ violated First Amendment, judge rules
