On April 3, 2025, the ACLU issued a press release stating that the US District Court in Rhode Island denied a motion for preliminary injunctive relief by arts organizations applying for National Endowment for the Arts (NEA) funding. The court held that the NEA’s decision on February 6 to make any project that “promotes” what the government deems to be “gender ideology” ineligible for funds likely violated the First Amendment and exceeded its statutory authority. It nevertheless concluded that, because the NEA is currently in the process of determining whether to reimpose that ban, the court could not get in the way of the agency’s decision-making process. The NEA will announce how they are planning to implement the executive order on April 30.

As of March 10, 2025, the NEA has paused enforcement of the controversial Assurance of Compliance requirement related to Executive Order 14168. This means that applicants are no longer required to certify that they do not “promote gender ideology” while litigation is pending. Broader funding restrictions on perceived “gender ideology” projects remain in place. The NEA’s Assurance of Compliance page states: “Pending the outcome of litigation in the United States District Court of Rhode Island, Case No.1:25-cv-00079-WES-PAS, the NEA is not currently requiring any grantee to make any “certification” or other representation pursuant to Executive Order 14168.”

An early March update to the NEA’s Assurance of Compliance page states: “Due to the preliminary injunction issued on February 21, 2025, by the United State District Court for the District of Maryland, Case No. 1:25-cv-00333-ABA, the NEA is not currently requiring any grantee or contractor to make any ‘certification’ or other representation pursuant to Executive Order No. 14173.”

On March 6, 2025, the American Civil Liberties Union and the ACLU of Rhode Island filed a federal lawsuit challenging the requirement that grant applicants certify that federal funds should not be used to promote gender ideology. The complete filing can be read here.

The New York Times published the article, “Theaters Sue the N.E.A. Over Trump’s ‘Gender Ideology’ Order.”

A slide deck and recording of the webinar the National Endowment for the Arts held on February 18, 2025, which provided a general overview of the FY26 Grants for Arts Projects (GAP) grant program, including a summary of changes and instructions on how to apply for funding.  

On February 21, 2025, US District Judge Adam Abelson granted a preliminary injunction blocking sweeping executive orders from President Donald Trump that seek to end government support for programs promoting diversity, equity and inclusion.

Americans for the Arts (AFTA) hosted office hours on February 21, 2025, with guest speaker Mary Ann Carter, President Trump’s political appointee and Senior Advisor at the NEA, who shared insights on the latest developments at the NEA, including new grant guidelines and other key updates impacting the arts sector. A recording of the event can be viewed here.

FAQs on Executive Actions, provided by the National Nonprofit Council.

The Impacts of the Recent Executive Orders on Nonprofits, including a chart of the most pertinent executive orders, updated regularly, and a webinar on the topic, provided by the National Nonprofit Council.

“DEI Initiatives: Know How to Mitigate Risk,” published by The NonProfit Times.

“Federal Court Issues Preliminary Injunction on Trump Anti-DEI Orders,” published by law firm Perkins Coie.