In his first days in office, President Trump issued executive orders that significantly impact authors and arts organizations. Executive Order 14151 terminates DEI programs across federal agencies, Executive Order 14173 requires grant recipients to certify they don’t operate DEI programs that violate federal anti-discrimination laws, and Executive Order 14168 prohibits promoting “gender ideology” or recognizing transgender identities. Both the National Endowment for the Arts (NEA) and National Endowment for the Humanities (NEH) promptly implemented these orders, prohibiting use of their grant funds for DEI programs or to “promote gender ideology.” 

Important Update: The NEA has amended its rules to state that they will not apply the DEI executive orders as long as the preliminary injunction issued by a Maryland court remains in effect. However, the “gender ideology” anti-trans EO remains in place as it was not part of that lawsuit. 

How These Orders Affect Authors and Arts Organizations 

Many writers and literary organizations have contacted the Authors Guild with concerns about: 

• Whether they can still apply for federal grants
• If existing grants could be revoked
• How to interpret the vague language in these orders

We’ve published an in-depth overview and FAQ on these executive orders and their impact on NEA/NEH grants. You can read the full breakdown here, which we’ve also summarized below. 

Temporary Pause on the DEI Order  

On February 21, 2025, the District Court for the District of Maryland preliminarily enjoined the DEI EO’s grant requirements on free speech and unconstitutional vagueness grounds. The court found that the provisions are unconstitutionally vague, violate the First Amendment by suppressing free speech, and breach the separation of powers.  

The Department of Justice has appealed to the Fourth Circuit, but for now, the injunction remains in place. On February 28, the NEA announced it would not require any grantee or contractor to certify compliance with the DEI executive orders while the injunction is in effect. 

What Does “Promoting Gender Ideology” Mean? 

The anti-trans EO remains in effect and applies to NEA and NEH grants. However, the term “gender ideology” is not clearly defined, creating significant uncertainty. 

Based on our analysis, this EO likely targets any acknowledgment of transgender and non-binary people. Grant applicants must certify that their programs are not intended to promote or help trans individuals or make accommodations for them. 

This could potentially affect: 

• Literary activities that include trans writers
• Events that provide inclusive facilities
• Creative works that include trans characters
• Discussion of gender or trans and non-binary people in literary works

Impact on Individual Writers and Creative Writing Fellowships 

For creative writing fellowship programs specifically, it remains unclear whether authors could include trans characters in a book or discuss gender or trans and non-binary people in a literary work.  

While this kind of literary expression is protected by the First Amendment, the practical reality is that the administration may appoint judges who would feel constrained by the executive order and not award grants to literary works that recognize the factual existence of trans and non-binary people, even in fiction. 

Impact on Existing Grants 

If you received an NEA or NEH grant before these orders, you should not be affected. Once a grant is awarded, assuming you are in compliance with the original terms, the government should not be able to stop payment or request refunds. However, the situation remains fluid, and we will keep you updated. 

Certification Considerations 

It is generally not advisable to certify compliance if you are uncertain. Potential consequences include: 

• Grant rescission for non-compliance
• Being required to repay funds already spent
• Potential liability under the False Claims Act (for knowingly false certifications) with penalties of $10,000 per violation plus up to three times the amount of the grant

The Authors Guild’s Position 

The Authors Guild believes these executive orders violate First Amendment protections and create a chilling effect on free expression. Even projects that do not technically violate the orders may face rejection due to the vague language and punitive approach the administration has taken with those who disagree with their views. We are monitoring developments closely, building coalitions with free speech organizations, and supporting legal challenges to these unconstitutional orders. 

Report Your Experiences 

If you have been affected by these executive orders—whether through grant rejections, instructions to remove certain terms from your work, or other obstacles—please contact us at staff@authorsguild.org. Your experiences will help us document patterns and inform potential legal action.

Click here to read our full breakdown of the executive orders and their impact on NEA/NEH grants.