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

Burt Neuborne, Rebekah Diller
Download this resource

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.