New Court Action as NEA Grant Deadline Nears

March 7, 2025

As the National Endowment for the Arts implements recent Executive Orders, grant applicants are newly required to certify their compliance with restrictions related to diversity, equity, and inclusion and “gender ideology.” Court action underway calls for halting implementation of these restrictions, as prospective applicants face a March 11 deadline for registering their intent to apply for the first round of FY26 grants.

Action to Date

The NEA’s Assurance of Compliance specifies Executive Order No. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, and Executive Order No. 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, and calls for applicants to comply with all applicable Executive Orders while the award is being administered.

On Friday, February 21, a federal judge issued a preliminary injunction (PDF) in response to a case led by the National Association of Diversity Officers in Higher Education, pausing implementation of EO 14173. On March 3, a federal judge in Maryland refused to halt the injunction, noting in the decision that the Administration’s policies must comply with the United States Constitution, and particularly in this case, free speech and due process rights. The Administration is appealing the ruling. The NEA has updated its Assurance of Compliance language to explain that EO 14173 will not apply while the preliminary injunction is in effect.

On March 6, the American Civil Liberties Union filed a federal lawsuit against the National Endowment for the Arts, challenging the requirement that all grant applicants certify that “federal funds shall not be used to promote gender ideology,” citing the following violations:

First Amendment – Restricts artistic expression and imposes viewpoint-based discrimination by prohibiting funding for projects that address gender identity.

Fifth Amendment – Violates due process protections by imposing vague and arbitrary restrictions that applicants cannot clearly interpret or challenge, creating uncertainty about what programming is permitted and exposing applicants to potential funding claw backs or future disqualification without a fair process.

Administrative Procedure Act (APA) – Arbitrarily changes grant eligibility requirements without proper public notice or comment, bypassing required procedures for federal rulemaking. The suit is filed on behalf of Rhode Island Latino Arts, the Theater Offensive, National Queer Theater, and Theatre Communications Group. Pending court action, the provision related to “gender ideology” in the Assurance of Compliance remains in place.

Next Steps Ahead

The League is keeping orchestras informed through frequent updates to our NEA grant process resource page, with detailed information about the new requirements and corresponding court action. 

In close partnership with the wider arts sector, the League continues to advocate in support of funding for the National Endowment for the Arts as Congress takes action on spending decisions for the remainder of FY25 and soon turns attention to FY26 priorities.