Memorandum Re: Constitutionality of Anti-Prostitution Pledge in AIDS Act

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Burt Neuborne, Rebekah Diller
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This memorandum analyses the constitutionality of the federal government’s requirement that international relief organisations adopt policies explicitly opposing prostitution and sex trafficking if they wish to participate in federally-funded programmes designed to combat the worldwide spread of HIV/AIDS. We conclude that the First Amendment bars Congress from requiring relief organisations based in the United States to adopt a specific policy position opposing prostitution as a condition of participating in federally-funded programmes delivering HIV/AIDS prevention, treatment and related social services.  

This document contains:

  • Background on the Global AIDS Act
  • Legal Analysis

You can download this 10 page PDF resource above. This resource is in English.