US judge declines for now to block Trump 'gender ideology' arts grants ban

By Nate Raymond

(Reuters) -A federal judge on Thursday declined at this time to block U.S. President Donald Trump's administration from requiring arts organizations to certify they will not promote "gender ideology" to obtain grant funding from the National Endowment for the Arts.

U.S. District Judge William Smith in Providence, Rhode Island, denied a request by several arts and theater groups represented by the American Civil Liberties Union for a preliminary injunction barring the adoption of such a policy.

Smith said the policy as originally announced on February 6 likely violated the NEA's governing statute and would constitute a viewpoint-based restriction on speech protected by the U.S. Constitution's First Amendment.

But Smith said an injunction would be premature because the NEA rescinded the policy after the lawsuit was filed pending a further review, opening the door to abandon it or adopt new criteria that strikes a "middle position."

"Granting a preliminary injunction in these circumstances would impose significant hardship on the NEA with little practical benefit to plaintiffs," Smith said.

The judge stressed that the plaintiffs could nonetheless return to him if the policy is reinstated. Vera Eidelman, a lawyer for the arts groups at the American Civil Liberties Union, said the ruling made clear the such a ban is unlawful.

The NEA and White House did not immediately respond to requests for comment.

The NEA, a federal agency offering support and funding for arts projects, first adopted the criterion last month to implement an executive order the Republican president signed upon returning to office on January 20.

The order directed the government to recognize only two sexes - male and female - and required agencies to ensure grant funds do not promote "gender ideology."

Rhode Island Latino Arts, the National Queer Theater, the Theater Offensive and the Theatre Communications Group soon after sued, saying the 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 withdrew its certification requirement pending further review, with plans to issue a new policy by April 30. The Trump administration argued the withdrawal of that policy made the case moot.

But the plaintiffs' lawyers argued the case was not moot given that, in light of the commands in Trump's executive order, the NEA would likely just re-adopt the same requirement.

(Reporting by Nate Raymond in Boston and Jack Queen in New York; Editing by Noeleen Walder and Stephen Coates)