ACLU-SC to SC Arts Commission: Respect the First Amendment

COLUMBIA – The South Carolina Arts Commission should continue judging grant applications on artistic merit rather than the anti-LGBTQ viewpoints of certain board members or of the Trump administration, according to a letter sent today by the American Civil Liberties Union of South Carolina.

Allen Chaney, Legal Director of the ACLU of South Carolina, writes at the beginning of the letter:

We’ve heard that the S.C. Arts Commission may be changing its grant selection criteria to match President Trump’s federal prohibition on so-called “gender ideology.” I am writing to assure you that Executive Order 14168 ... does not control your funding decisions and to warn you that applying its (or your own) anti-LGBTQ viewpoint preferences to the Commission’s funding decisions would violate the First Amendment and expose the Commission to legal liability.

The letter comes after The Post and Courier reported some members of the state agency's Board of Commissioners sought to deny grant funding to arts organizations at a June 18 board meeting. The next board meeting is scheduled for August 20.

As shown in public records obtained by the ACLU-SC, board members Jessica Rourke and Russell "Rip" Parks raised objections to funding two arts organizations whose work involves lesbian, gay, bisexual, transgender, and queer (LGBTQ) people: the Greenville Gay Men's Chorus and the Proud Mary Theatre Company in Spartanburg.

In an email sent to S.C. Arts Commission leaders on June 12, Rourke alluded to an executive order by President Donald Trump prohibiting the use of federal funds to “promote gender ideology." But as today's letter points out, that executive order only applied to federal funds — and it was ruled unconstitutional and vacated by a federal court in 2025.

In the same email, Rourke also raised an objection to funding "drag performances" and organizations “structured around specific sexual orientations." And Parks wrote that the two organizations "are totally inconsistent with what the SCAC wishes to promote."

Today's letter concludes:

We at the ACLU of South Carolina applaud the Commission’s commitment to supporting diverse arts experiences throughout the state. Rather than turning from its values, we merely ask that the Commission continue to evaluate LGBTQ-focused affinity groups and arts organizations on the same artistic-merit criteria it applies to every other applicant. Doing so is consistent with your mission, legally compliant, and vitally important for fostering the arts in South Carolina.

The full letter from the ACLU of South Carolina is available below, along with the emails sent by board members Rourke and Parks that were obtained under the South Carolina Freedom of Information Act.