Government Affairs Update: Federal Court Strikes Down NEA’s Gender Ideology Grant Policy

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These government affairs updates are provided for informational purposes only and are not intended as legal advice. Nonprofit arts organizations should consult with legal counsel for guidance specific to their circumstances.

Court Strikes Down the NEA’s Gender Ideology Policy 

On September 19, 2025, a federal judge in Rhode Island struck down the National Endowment for the Arts’ (NEA) policy disfavoring grant applications deemed to “promote gender ideology.”  This ruling permanently sets aside the policy, affirming that viewpoint-based restrictions have no place in federal arts funding. 

The court determined the NEA’s policy was “arbitrary and capricious” in violation of the Administrative Procedures Act (APA) because

“…there is zero explanation of what it means for a project to ‘promote gender ideology,’ let alone how that concept relates to artistic merit, artistic excellence, general standards of decency, or respect for the diverse beliefs and values of the American public.”

What the Court Decided:

• The NEA’s current policy implementing Executive Order 14168 has been, in effect, erased. The agency may no longer implement this policy disfavoring or denying grants on the basis that they “promote gender ideology.”
• The court ruled that the NEA’s plans to disfavor such projects in the grant review process violated the First Amendment as a viewpoint-based restriction on private speech. It also found the policy arbitrary and capricious under the Administrative Procedure Act, noting there was “zero explanation” of what the term even meant or how it related to artistic merit, excellence, or respect for diverse beliefs.
• The ruling applies broadly, protecting all applicants, and it prohibits the government from imposing similar restrictions against the plaintiffs and their members in the future.

Why It Matters:

• This case sets and reinforces critical precedent: if the NEA makes any future attempts to impose viewpoint-based restrictions on its grants, this decision provides a clear legal roadmap to challenge them. Most importantly, it ensures that federal arts funding remains open to the full diversity of artistic expression, aligning with Chorus America’s vision of a vibrant society in which diverse singing communities affirm and share the full range and depth of our humanity.
• This case was about striking down unlawful restrictions—not undermining the NEA itself. Chorus America stands with our theater partners, and we continue to stand firmly behind the NEA’s mission, while ensuring its policies uphold constitutional protections.

Important Links:

🎉 Read the ACLU of Rhode Island’s press release here.

🎉 Read TCG’s press release here 

Questions remain regarding the ruling’s impact on the NEA’s grant procedures (including application, review, and reporting processes), and its potential implications for the DEI-related policies at the agency. Chorus America will continue to monitor this matter closely.

Background:

The suit was filed in March by the ACLU and the ACLU of Rhode Island on behalf of Rhode Island Latino Arts (RILA), National Queer Theater (NQT), The Theater Offensive (TTO), and Theatre Communications Group (TCG) after the NEA began requiring applicants to attest that they would not promote so-called “gender ideology” in order to be eligible for funding, and would bar any projects that were deemed to do so from getting an award.

Chorus America would like to thank its coalition partner, Theatre Communications Group (TCG), for sharing the above points for the coalition to disseminate.