A federal judge on Thursday denied a motion to stop the National Endowment for the Arts (NEA) from blocking funds for art projects that promote “gender ideology,” because the agency is no longer implementing the certification requirement.
U.S. District Judge William Smith in Providence, Rhode Island, denied a motion filed by several arts and theater groups seeking a preliminary injunction.
The groups—Rhode Island Latino Arts, the National Queer Theater, the Theater Offensive, and the Theatre Communications Group—represented by the American Civil Liberties Union, sued last month, saying the move violated the First Amendment, the Administrative Procedure Act and the Fifth Amendment.
“[T]he NEA implemented the Gender Ideology [Executive Order] by requiring all grant applicants to certify their understanding that ‘federal funds shall not be used to promote gender ideology,’ pursuant to the EO,” the lawsuit stated. “It also makes applications for projects that appear to ‘promote’ what the government deems ‘gender ideology’ ineligible for funding.”
However, because the NEA rescinded implementation of the requirement pending further administrative review roughly a week after the lawsuit was filed, Smith said an “injunction is not in the public interest at this time.”
He noted the review is set to conclude in a matter of weeks.
“Granting a preliminary injunction in these circumstances would impose significant hardship on the NEA with little practical benefit to Plaintiffs,” Smith wrote in his ruling. “If the Court enjoins the NEA from imposing an eligibility bar at this juncture, it will in effect short circuit the ongoing administrative review process set to conclude in a matter of days. This would rob the NEA of the opportunity to make its own considered decision about whether to implement the EO at all.”
The NEA, a federal agency that offers support and funding for arts projects, first adopted the certification requirement last month, adding it to grant application forms following an executive order signed by President Donald Trump in January.
The art group sued the administration soon after, arguing the policy imposed a “vague and viewpoint-based restriction on artists’ speech.”
According to their lawsuit, the groups are each committed to “creating, producing, and promoting art that, among other things, affirms the equal dignity of all people—regardless of race, sex, religion, sexuality, or gender identity.”
“In particular, they have created and promoted art in the past that promotes and affirms the lived experiences of transgender and nonbinary people, by casting transgender and nonbinary actors, and by promoting and producing art that features transgender and nonbinary themes,” the lawsuit stated.
If the NEA were to implement Trump’s order, it would cause “grievous irreparable harm to plaintiffs and other organizations,” the lawsuit said.
The plaintiffs asked the court to declare the “gender ideology” prohibition unlawful and to stop the NEA from implementing Trump’s order.
The Trump administration argued against the injunction, noting that the NEA withdrew its certification requirement pending further review and is no longer applying it to grant-making decisions, meaning the case was moot.
The Epoch Times has contacted the White House and the ACLU for comment.
