Policy & Politics
Second Federal Judge Rules U.S. Policy Requiring Overseas HIV/AIDS Groups to Condemn Commercial Sex Work Violates Free Speech
May 19, 2006
U.S. District Judge Emmet Sullivan on Thursday in Washington, D.C., ruled that a U.S. policy requiring recipients of federal HIV/AIDS service grants to pledge to oppose commercial sex work violates the groups' First Amendment right to free speech, the Washington Post reports. Sullivan is the second federal judge to rule the requirement unconstitutional after U.S. District Judge Victor Marrero in New York last week issued a similar ruling (Kessler, Washington Post, 5/19). The Bush administration in June 2005 notified U.S. organizations providing HIV/AIDS-related services in other countries that they must sign the pledge to be considered for federal funding. The policy stems from two 2003 laws, including an amendment to legislation (HR 1298) authorizing the President's Emergency Plan for AIDS Relief that prohibits funds from going to any group or organization that does not have a policy "explicitly opposing prostitution and sex trafficking." The Open Society Institute, the Alliance for Open Society International and Pathfinder International last year filed the lawsuit against USAID over the policy in a New York federal court. OSI had said the policy "weakens efforts to provide lifesaving services and information to sex workers" and is unconstitutional because it is vague and requires private organizations to adopt the government's position. Assistant U.S. Attorney Richard Rosberger argued that the 2003 law mandating the pledge did not contain any provision intended to deter HIV/AIDS treatment efforts, including those for commercial sex workers (Kaiser Daily HIV/AIDS Report, 5/10). In the latest case, DKT International, a not-for-profit organization that provides family planning services in 11 countries, sued USAID over the policy. DKT officials said they would not sign the pledge because the group runs condom distribution programs for sex workers in Vietnam and signing the pledge would stigmatize and alienate their clients (Locy, AP/Minneapolis Star Tribune, 5/18).
Reprinted with permission from kaisernetwork.org. You can view the entire Kaiser Daily HIV/AIDS Report, search the archives, or sign up for email delivery at www.kaisernetwork.org/dailyreports/hiv. The Kaiser Daily HIV/AIDS Report is published for kaisernetwork.org, a free service of the Kaiser Family Foundation, by The Advisory Board Company. © 2006 by The Advisory Board Company and Kaiser Family Foundation. All rights reserved.
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