U.S. government's funding restrictions for prostitution upheld
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From Vern Weitzel <vern@coombs.anu.edu.au>
AIDS Policy & Law
March 23, 2007
SECTION: Vol. 22 No. 6
A federal appeals court handed a victory to the Bush administration in its efforts to combat HIV/AIDS.
A three-judge panel of the U.S. Court of Appeals, D.C. Circuit ruled unanimously Feb. 27 that the federal government can require recipients of HIV/AIDS relief grants to declare opposition to prostitution and sex trafficking before they can receive U.S. funding.
The decision reversed a federal judge's opinion that the law violated the free-speech rights of aid grantees.
A number of congressmen, primarily Republican, applauded the ruling, saying it was a commonsense decision that clearly reaffirms that the government has a right to define its policy goals. They affirmed their stance that the government should not be forced to give taxpayer dollars to agencies that don't stand squarely behind the administration's policy of denouncing prostitution and sex-trafficking, even if the denouncement estranges those who most need the assistance.
Rep. Chris Smith, R-N.J., sponsored an amendment to a 2003 law that required grant recipients of the President's Emergency Plan for AIDS Relief to have an antiprostitution policy.
The statute provides that organizations may not use any funds they receive from the U.S. government to promote or advocate the legalization or practice of prostitution or sex trafficking and forbids dispensing funds to any organization that lacks a public position in opposition, unless they are specified international public bodies or researchers that don't take political positions.
The lawsuit arose from the denial of funding to DKT International, which was engaged in overseas family planning and HIV/AIDS prevention. DKT served as a subcontractor for Family Health International in Vietnam, where it was distributing condoms. In June 2005, FHI offered DKT an opportunity to participate in a lubricant-distribution program to be funded under the 2003 statute, provided that DKT adopts the required policy.
DKT never had a formal policy and refrained from taking a public position that might stigmatize and alienate the people most vulnerable to HIV the sex workers.
DKT challenged the law but Judge A. Raymond Randolph, writing for the D.C. Circuit panel, said the statute was legal.
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Claudion Schuftan
mailto:claudio@hcmc.netnam.vn