Law required non-profit organizations to adopt an anti-prostitution policy to obtain federal funding for HIV/AIDS
(Adds details of case and ruling)
By Lawrence Hurley
WASHINGTON, June 20 (Reuters) - The U.S. Supreme Court on Thursday struck down a law requiring non-profit organizations to adopt an anti-prostitution policy in order to obtain federal funding for HIV/AIDS programs abroad.
On a 6-2 vote with Justice Elena Kagan recused, the court, in a ruling written by Chief Justice John Roberts, said the law violates the First Amendment free speech rights of non-governmental organizations that work on HIV/AIDS prevention.
The 2003 law bars funding for organizations that operate programs overseas but do not have a blanket policy opposing prostitution and sex trafficking.
The Alliance for Open Society International and Pathfinder International - NGOs that receive funding for overseas HIV/AIDS prevention - sued in 2005, citing the First Amendment's guarantee of free speech.
The groups obtained an injunction in 2006 that has prevented the policy from being enforced since.
Thursday's ruling means groups will not be barred from seeking funds based on their views on prostitution.
In the majority opinion, Roberts wrote that Congress has considerable freedom to choose how a federal program is implemented by placing conditions on funding for outside groups.
But in this instance, the condition constituted "the affirmation of a belief that by its nature cannot be confined within the scope of the government program," meaning it violates the First Amendment, he wrote.
Justices Antonin Scalia and Clarence Thomas dissented.
The organizations challenging the provision do not want to take a stand on prostitution. They say the law interferes with their work providing advice and counseling to prostitutes about the risks of HIV infection.
The non-profit world was divided, with 46 groups, many of which focus on women's rights, supporting the law.
The case is Agency for International Development v. Alliance for Open Society International, U.S. Supreme Court, No. 12-19. (Reporting by Lawrence Hurley; Editing by Howard Goller and Eric Beech)
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