Artists can now apply for funding without attesting to the new “gender ideology” requirement, but the NEA has not agreed to remove its new eligibility criteria, under which any projects that appear to “promote gender ideology” will not receive an award. Applicants who choose to submit Part 1 of the grant application before the NEA changes its Assurance of Compliance or before March 11, whichever is sooner, may still want to make clear that they object to the certification when submitting that piece of their application. “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,” said Vera Eidelman, senior staff attorney at the ACLU. “We will continue to seek urgent relief against the NEA’s unconstitutional bar on projects that express messages the government doesn’t like, but this is a huge step towards initial relief. We won’t stop fighting until these new requirements are struck down for good.” The ACLU is asking for a preliminary injunction on the funding prohibition ahead of the final grant application deadline on March 24. The ACLU, the ACLU of Rhode Island, David Cole, and Lynette Labinger, cooperating counsel for the ACLU-RI, filed suit Thursday in the U.S. District Court of Rhode Island on behalf of Rhode Island Latino Arts; National Queer Theater; The Theater Offensive; and the Theater Communications Group. The suit argues that the new certification requirement and funding prohibition violate the Administrative Procedure Act, the First Amendment, and the Fifth Amendment. A hearing date is scheduled for March 18. More information about the case can be found here: https://www.aclu.org/cases/rhode-island-latino-arts-v-national-endowment-for-the-arts | 
