ACLU Files Lawsuit Regarding NEA Requirements

Americans For the Arts or AFTA on March 6 shared an update on a significant development regarding the National Endowment for the Arts and recent changes to its grant requirements.

Key Development

On March 6 the American Civil Liberties Union and the ACLU of Rhode Island filed a lawsuit challenging the National Endowment for the Arts or NEA’s new assurance of compliance requirements stemming from Executive Order: Ending Illegal Discrimination and Restoring Merit-Based Opportunity. The new requirements force NEA grant applicants to certify that they do not “promote gender ideology.”

Legal Context

• A preliminary injunction has been requested to halt enforcement of these restrictions before the NEA’s Grants for Arts Projects applicant portal submission deadline of March 24.
• The ACLU argues that the new certification requirement and funding prohibition violates:
  • The Administrative Procedure Act
  • The First Amendment
  • The Fifth Amendment
• These changes create new barriers to federal arts funding, particularly for organizations serving historically marginalized communities.

Co-Plaintiffs

National Queer Theater, Rhode Island Latino Arts, Theatre Communications Group, and The Theater Offensive have joined as co-plaintiffs to challenge these new restrictions.

AFTA’S incoming CEO Erin Harkey has issued the following statement:

“The National Endowment for the Arts is critical in supporting the arts and communities nationwide. The current Administration’s new Executive Order has implications beyond the NEA and raises serious constitutional issues, and we support any effort to address these concerns. We hope the NEA and the courts will clarify any guidance on their enforcement before the upcoming grant deadlines.”

Information on DEI Compliance with NEA FY2026 Grant Opportunities

• A preliminary injunction issued on Feb. 21, 2025, by the U.S. District Court for the District of Maryland has temporarily suspended the DEI-related certification requirements.
• While this injunction remains in effect:
  • NEA applicants are NOT required to certify compliance with Executive Order No. 14173
  • This applies to both NEA-funded projects and other organizational activities
  • No DEI-related certifications or representations are currently required for grant awards

AFTA remains committed to supporting the NEA’s vital role in funding the arts, advocating for the entire arts and culture field and maintaining open dialogue with all stakeholders

For a comprehensive understanding of recent executive orders affecting the arts and culture sector, please refer to AFTA’s FAQ document: “Understanding Recent Executive Orders and Their Impact on Arts & Culture Organizations.”