PHA-Exchange> U.S. government's funding restrictions for prostitution upheld

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from Vern Weitzel <vern at 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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