The National Endowment for the Arts (NEA) has decided to remove a certification requirement from its funding applications. This decision follows a lawsuit filed by the American Civil Liberties Union (ACLU) and the ACLU of Rhode Island. The requirement in question compelled artists to declare that they would not "promote gender ideology" as part of their application process.
While artists are now able to apply for funding without this attestation, the NEA maintains its new eligibility criteria. Projects perceived as promoting gender ideology will not receive awards under these criteria. Applicants submitting Part 1 of the grant application before any changes to the Assurance of Compliance or by March 11 are encouraged to note their objection to this certification.
Vera Eidelman, senior staff attorney at the ACLU, stated: “Artists and arts organizations should feel free to submit Part 1 of the NEA application on March 11 without having to agree to a certification that could have compromised their values or their vision.” She added that although this step is significant towards initial relief, efforts will continue until these requirements are permanently removed.
The ACLU is seeking a preliminary injunction against the funding prohibition ahead of the final deadline for grant applications on March 24. The legal action was initiated in the U.S. District Court of Rhode Island by several parties including Rhode Island Latino Arts, National Queer Theater, The Theater Offensive, and Theater Communications Group. They argue that both the certification requirement and funding prohibition infringe upon rights protected by the Administrative Procedure Act, First Amendment, and Fifth Amendment. A hearing is scheduled for March 18.
Further details about this case can be accessed at: https://www.aclu.org/cases/rhode-island-latino-arts-v-national-endowment-for-the-arts
