Federal Judge Rules Action Against Nea Unnecessary After It Backed Off Bans On Gender Ideology

A federal judge on Thursday denied a motion to stop the National Endowment for the Arts from barring funds to artists whose projects promote gender ideology, saying the agency no longer was doing it.

Four arts groups sued the NEA last month, seeking a preliminary injunction over what they said were violations of the First Amendment, the Administrative Procedure Act and the Fifth Amendment. The requirements were initially added to grant application forms, following an executive order from President Donald Trump .

U.S. District Judge William Smith acknowledged that plaintiffs "demonstrated a likelihood of success that a ban on gender ideology would be a violation of the First Amendment and the Administrative Procedure Act." But because the NEA had rescinded the requirement about a week after the lawsuit was filed, Smith said an "injunction is not in the public interest at this time."

"Granting a preliminary injunction in these circumstances would impose significant hardship on the NEA with little practical benefit to Plaintiffs," Smith wrote.

"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," he continued. "This would rob the NEA of the opportunity to make its own considered decision about whether to implement the EO at all."