High court to hear HIV-funding case

Saturday, January 12, 2013

— The U.S. Supreme Court said Friday that it will decide whether groups that get federal money for overseas anti-HIV and AIDS programs can be required to take a stance against prostitution.

The justices said Friday that they will review a decision invalidating a federal requirement that organizations receiving funds adopt policies opposing prostitution and sex trafficking. The provision is part of a 2003 law that increased U.S. efforts against infectious diseases around the world. Congress has authorized spending of more than $60 billion under the program.

Groups including Pathfinder International and InterAction are challenging the provision, saying their work in disease-ravaged countries in Africa and Asia would be compromised if they adopted anti-prostitution policies. The organizations say they work with prostitutes to educate them about HIV and AIDS and to encourage prevention.

The Supreme Court has said that Congress generally can place conditions on the receipt of federal funds.

A federal appeals court in New York said Congress went too far with the 2003 law by requiring organizations to “affirmatively say something - that they are opposed to the practice of prostitution.”

In its appeal, the Obama administration said the requirement is designed to reduce behavior that fosters the spread of HIV and AIDS. The appeals court ruling “has undermined the government’s ability to implement the comprehensive approach chosen by Congress,” the government argued.

Front Section, Pages 3 on 01/12/2013