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The Right to Fight AIDS
April 22, 2013

The Supreme Court today will hear a case that will decide the basic rights of groups fighting HIV. The case --Agency for International Development, Et. Al., v. Alliance for Open Society International, Inc., Et. Al.--centers on a policy that requires organizations to adopt the U.S. government's point of view as a condition of receiving U.S. global HIV/AIDS funds. Not surprisingly, it is being challenged on grounds that it violates the First Amendment.

The anti-prostitution loyalty oath (APLO) is at the center of the case. It is a provision in the 2003 United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act (the same law that authorized PEPFAR, the President's Emergency Plan for AIDS Relief) that requires organizations receiving U.S. global HIV/AIDS funds to adopt an organization-wide policy opposing prostitution. The provision remained in place when Congress reauthorized PEPFAR in 2008, and is still a part of PEPFAR today.

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