A federal judge decided against halting restrictions imposed by the National Endowment for the Arts (NEA) on funding projects related to gender ideology, as the NEA had already removed those requirements. This decision followed a lawsuit filed by four arts organizations last month, which argued that these limitations violated the First Amendment, the Administrative Procedure Act, and the Fifth Amendment. These stipulations had been introduced as part of grant application forms as a result of an executive order from then-President Donald Trump.
U.S. District Judge William Smith indicated that the plaintiffs had a strong chance of proving that any restriction on gender ideology would breach the First Amendment and the Administrative Procedure Act. Nevertheless, since the NEA rescinded the stipulation a week after the lawsuit was initiated, Smith maintained that an injunction was not currently in the public’s interest. He noted that issuing a preliminary injunction would place a significant burden on the NEA with minimal practical benefit to the plaintiffs.
“If the Court enjoins the NEA from imposing an eligibility bar at this point, it would effectively interrupt the ongoing administrative review set to be completed shortly,” Smith explained. “This decision would deprive the NEA of the chance to decide whether or not to implement the executive order upon reviewing all details considered.”
Government lawyers opposed the injunction, highlighting that grantees don’t need to certify their compliance with Trump’s executive order, as the NEA had ceased to apply the order in its grant decisions. They noted that the NEA is undertaking an administrative review to establish whether to adopt the executive order and, if so, how to implement it.
The American Civil Liberties Union (ACLU), representing the arts groups, acknowledged that the NEA no longer requires artists to assert that their projects do not promote gender ideology. However, the ACLU criticized the NEA’s present standards, which could, in effect, still deny funding to specific projects. The ACLU expressed apprehension regarding a potential reinstatement of the ban by the NEA.
The executive order by Trump, titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” seeks to withdraw federal funding from programs endorsing gender ideology.
One group, Rhode Island Latino Arts, planned to seek funding for a production of “Faust,” exploring options to cast a nonbinary actor or to support a storytelling event which previously included LGBTQ topics. Marta V. Martinez, the executive director of Rhode Island Latino Arts, articulated concerns over needed clarity to apply for funds for artists, particularly Latinx artists who identify as queer, trans, or nonbinary.
Another applicant, the National Queer Theater of New York, aims to secure funding for its Criminal Queerness Festival, a theatrical event showcasing work from playwrights originating from countries where promoting LGBTQ activities poses legal risks.