Navigating Government Policy Changes: Essential Resources for Choral Organizations

Recent significant shifts in the policy environment have included many executive orders and corresponding court actions on issues directly relevant to the choral community: federal funding, diversity, equity, inclusion, gender and more. 

As U.S. choruses and choral leaders have unique programming and operate under specific state and local laws, Chorus America cannot provide direct legal guidance. We recommend that choruses engage with their boards—and potentially seek local legal counsel—to help navigate this evolving landscape while upholding organizational values and advancing their missions.

The resources listed below are provided to help inform your next steps. Chorus America continues to monitor developments and provide updates for its membership and the choral community.  

Changes at the National Endowment for the Arts (as of March 11, 2025)

In response to the President’s Executive Orders, the National Endowment for the Arts (NEA) made changes to its grant programs, guidelines, deadlines and Assurance of Compliance.  The NEA continues to revise its deadlines and grantee compliance language as legal actions move through the court systems.  If you are applying to the NEA, please visit the web pages frequently. 

Grants for Arts Projects
Source:  National Endowment for the Arts

NEA Legal Requirements and Assurance of Compliance
Source:  National Endowment for the Arts

How Are State Art Agencies Being Impacted by the President’s Executive Orders?

At this time, state arts agencies (SAAs) have received no specific guidance from the National Endowment for the Arts pertaining to the President’s Executive Orders. In addition, not all state arts agency grants are made with federal dollars and their matching support. SAAs receive funding from the state government, private donations, and more, so grant requirements can vary widely from state to state.  

State arts agencies are open for business! Stay in close contact with your agency. We do not want constituents to miss out on opportunities for support.
 

Overview of the President’s Executive Orders

Since taking office, President Trump has issued numerous Executive Orders and Memos to implement his agenda.  Executive Orders (EOs) are a common Presidential tool.  However, the flurry of EOs and the fact that many of the EOs’ legality is under scrutiny, is creating intense confusion for many.  We hope these resources provide some guidance and clarity in this complex environment.

What is an Executive Order?
Source:  American Bar Association

FAQs on the Executive Orders for Nonprofits
Source:  National Council of Nonprofits

Chart Tracker - Executive Orders and Legal Cases (this link is updated frequently)
Source:  National Council of Nonprofits

Guidance on DEI during the Trump Presidency

President Trump and his Administration have sought to eliminate diversity, equity, and inclusion (DEI) throughout the federal government by removing DEI-related staff positions, programs, and banning the use of certain words.  

The following resources provide guidance to nonprofits and employers related to DEI Executive Orders.

DEI in the Crosshairs of the Administration
Source:  Tenenbaum Law Group

DEI Initiatives:  Know How to Mitigate Risk
Source:  The Nonprofit Times

What Is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments
Source:  National Law Review

State Attorney Generals Provide Guidance  - DEIA Employment Initiatives
Source: Coalition of 16 state attorneys general

DEI Training is Not Inherently Unlawful
Source:  The Employer Handbook Blog

Settlement Update on the Fearless Foundation
Source:  Council on Foundations

Is My Tax Exempt Status at Risk?
The President's Administration is increasing its scrutiny of the nonprofit, tax-exempt sector.  The process to revoke a nonprofit's tax exempt status is a legal and administrative process at the IRS and the Executive Branch does not have the authority to unilaterally revoke tax-exempt status.  The National Council of Nonprofits and various legal firms have created resources to help answer this question.  See below:

Resources:

Guidance for the LGBTQ+ Choral Community  

Understanding the Executive Orders and What They Mean for the LGBTQ Community 
Source:  Human Rights Watch

Information for LGBTQ People Under the Trump Administration
Source:  GLAD:  GLBTQ Legal Advocates and Defenders

Overview of President Trumps Executive Actions Impacting LGBTQ Health
Source:  KFF:  The independent source for health policy research, polling, and news.

Federal Agency Provides Two-Sex Definitions 
Source:  U.S. Department of Health and Human Services

Sex Markers in Passports
Source:  U.S. Department of State - Consular Affairs

As a Nonprofit, Am I Allowed to Advocate and Lobby? Yes!

Many choral organizations and their constituents may be operating under a false belief that they cannot advocate or lobby. That is not true. According to the IRS, tax exempt organizations can seek to influence legislation that is mission related as long as the organization does not spend a substantial amount of its annual expenditures on lobbying expenses.
Tax exempt organizations can also conduct unlimited issue advocacy, including providing resources, education, and bi-partisan information to policy makers and the public.  

What can choral organizations not do?  Influence an election!  Do NOT engage in partisan electioneering.  Do NOT try to get one candidate elected over another.  Just stay neutral and be a source of education and information during an election.

Read the IRS Resource here.

How Do I Contact My Legislators?

1.    Find contact information for your policymakers here
2.    Write them an email or call their DC and district office.

  • Tell them you are a constituent in their district.
  • Tell them why you are contacting them (impact on your work from a new policy, etc.)
  • Be specific (We have lost a grant worth $X; We had to cancel a tour; etc.)
  • Invite them to your performances

3.    Thank the Legislator and their staff for their work to represent you.
 

Immigration-Related Resources

How Employers Can Prepare for U.S. Immigration and Customs Enforcement Audits and Raids 
Source: Holland & Knight Law Firm

New Form I-129 for Foreign Guest Artists Entering United States
Source:  Artists From Abroad:  Complete Guide to Immigration and Tax Requirements

Know the Law:  Anti-Discrimination Laws & Resources

Prohibited Employment Policies and Practices
Source:  U.S. Equal Employment Opportunity Commission

Title VII of the Civil Rights Act 1964
Source:  U.S. Equal Employment Opportunity Commission

Messaging

Arts and Creativity Strengthen Our Nation
Source:  The National Assembly of State Arts Agencies

The Fierce Urgency of Now - Messages that Advance Diversity & Equal Opportunity
Source:  The Leadership Conference on Civil and Human Rights

The Legal Landscape Around DEI Is Shifting:  Your Messaging Should, too.
Source:  The Harvard Business Review

Resources compiled by government affairs consultant Amy Fitterer. We gratefully acknowledge our colleagues at the League of American Orchestras and other members of the Performing Arts Alliance (PAA) for their collaboration and sharing of resources.