LOS ANGELES — In response to President Donald Trump’s Executive Order which states the U.S. will only recognize two sexes and that they are quote “not changeable,” the National Endowment for the Arts revised its application to require applicants certify that “federal funds shall not be used to promote ‘gender ideology’.” On Thursday the ACLU, on behalf of several theater companies, filed a federal lawsuit against the NEA, saying the “certification requirement and funding prohibition violate the First Amendment, and the Fifth Amendment.”

“Freedom of speech, freedom of expression, that’s always been foundational within this country,” said Emilya Cachapero of Theater Communications Group, a co-plaintiff in the lawsuit.

“That’s what we’re trying to return to is to have artists not have to choose between creating their work and being eligible for funding.”

One day after the lawsuit was filed, On Friday, the ACLUS says the NEA agreed to remove the new application requirement while the case is pending. They add that while theaters and other artists may continue to apply for grants, the funding criteria remains in place, meaning grants are still technically barred for projects that appear to “promote gender ideology.”

Christopher Maikish of Celebration Theatre, the longest running queer and allied theater organization in Southern California, says the grant application process can take 50-100 hours and that’s a lot of work for what could end up being an automatic no. Still, he says it’s important that theaters don’t just give up.

“We don’t want to comply in advance or just sort of, you know, lay down our freedoms in advance,” he said. “It’s important to make sure that we claim...our place at the table.”

A hearing is scheduled for March 18.