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The Supreme Court ruled on June 20
that the government cannot force private health organizations to denounce
prostitution as a condition to get funding to fight HIV/AIDS around the world.
Chief Justice John Roberts, writing
for the court, said the anti-prostitution pledge in a 2003 AIDS funding law
improperly restricts the groups’ First Amendment rights.
Four organizations that work in
Africa, Asia and South America—Alliance for Open Society International, Inc.,
which runs a program in Central Asia to reduce drug use and therefore, the
spread of HIV; Pathfinder International, providing family planning and
reproductive health services in more than 20 countries; the Global Health
Council, a U.S.-based non-profit networking organizing linking several hundred
health non-governmental organizations (NGOs) around the world; and InterAction,
a non-profit working to support international human rights, development, NGO
accountability, and advocacy joined together to challenge the provision in the
law, arguing their work has nothing to do with prostitution.
The Obama administration argued that
if groups were not held to a pledge to oppose prostitution and sex trafficking,
they could spend private funds in a way that might undermine the government’s
mission.
In the 6-2 decision, Roberts wrote
that the pledge “goes beyond preventing recipients from using private funds in
a way that would undermine the federal government.”
“It requires them to pledge allegiance
to the government’s policy of eradicating prostitution,” he wrote, and that was
something the government cannot do.
It was pointed out in court papers
that the World Health Organization and other international organizations
receive U.S funds to fight HIV/AIDS and do not have to comply with the
anti-prostitution pledge.
The Friends of AIDS Foundation is
dedicated to enhancing the quality of life for HIV positive individuals and
empowering people to make healthy choices to prevent the spread of the HIV
virus.
To learn more about The Friends of
AIDS Foundation, please visit: http://www.friendsofaids.org.
TOGETHER WE REMAIN STRONG!
