Rhode Island Latino Arts Wins First Amendment Court Battle Against Trump-Era NEA Policy

A federal judge struck down a rule allowing the National Endowment for the Arts to disfavor projects tied to ‘gender ideology,’ siding with Rhode Island Latino Arts and three other groups in a case brought by the ACLU

“¡Que Diablos! Fausto,” a bilingual adaptation of Christopher Marlowe’s play, “Doctor Faustus, ' will have eight performances across Rhode Island. (Left to right: Marina Tejada, Alexander Crespo-Rosario II, Mireya Hoffmans)
“¡Que Diablos! Fausto,” a bilingual adaptation of Christopher Marlowe’s play, “Doctor Faustus, ' will have eight performances across Rhode Island. (Left to right: Marina Tejada, Alexander Crespo-Rosario II, Mireya Hoffmans)
Marta Martinez / Rhode Island Latino Arts
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“¡Que Diablos! Fausto,” a bilingual adaptation of Christopher Marlowe’s play, “Doctor Faustus, ' will have eight performances across Rhode Island. (Left to right: Marina Tejada, Alexander Crespo-Rosario II, Mireya Hoffmans)
“¡Que Diablos! Fausto,” a bilingual adaptation of Christopher Marlowe’s play, “Doctor Faustus, ' will have eight performances across Rhode Island. (Left to right: Marina Tejada, Alexander Crespo-Rosario II, Mireya Hoffmans)
Marta Martinez / Rhode Island Latino Arts
Rhode Island Latino Arts Wins First Amendment Court Battle Against Trump-Era NEA Policy
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Rhode Island Latino Arts and three other arts organizations won a ruling against the Trump Administration on Friday when a federal judge in Rhode Island ruled that a policy from the National Endowment for the Arts violates the First Amendment and other federal laws.

The policy would have allowed the NEA to disfavor grant applications based partly on whether the applicants promoted so-called “gender ideology.” But the law that created the NEA says that grants must be awarded based on talent and not the artists’ viewpoint, Judge William E. Smith, a district judge who was appointed by President George W. Bush, ruled.

Rhode Island Latino Arts was one of four organizations from across the country that were part of the lawsuit brought by the ACLU. Executive director Marta Martinez says that the ruling is,  “a victory for the First Amendment, for free speech, for the freedom of expression in the arts community.”

She said that suing the Trump administration made the organization feel small, but that she was proud that they are part of the suit.
“It feels like a small organization like ours in a small state like Rhode Island can make such a powerful message that you can’t just sit back and, you know, you’ve got to fight, to speak up,” Martinez said. “Don’t give up your First Amendment. That’s what it’s all about. Speak up, fight.”

Martinez added that many members of the arts and theater communities have reached out to her since the ruling was announced on Friday.

“They’ve told me that this was the brightest light that they’ve had. At least in the past week, there’s been so much going on and then this,” Martinez said. “And so, it brought a smile and it made people realize that there is good out there.”

Martinez says that Rhode Island Latino Arts will now be able to apply for funding for its Teatro En El Verano bilingual theater programming.

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