Supreme Court to Decide Legality of Anti-Prostitution Policy for AIDS Relief

By Lisa Correnti | April 22, 2013

Abortion advocates blame the Helms amendment and the Mexico City policy for contributing to abortion stigma — likewise some HIV/AIDS advocates blame a PEPFAR anti-prostitution policy for contributing to the stigma that’s associated with prostitution.

Today the U.S. Supreme Court will hear opening arguments in the case of USAID v. AOSI — a case challenging the 2003 law that requires all organizations receiving U.S. funding for HIV/AIDS programs have a policy “explicitly opposing” prostitution and sex trafficking.

In 2005 two NGO’s that receive funding for HIV/AIDS programs, Pathfinder International and the Alliance for Open Society International filed suit against the U.S. citing the policy infringed on free speech. A 2006 injunction has prevented the anti-prostitution/trafficking policy from being enforced.

The Obama administrations actions on this policy have been inconsistent. In 2009 President Obama issued an Executive Order overturning the anti-prostitution policy, however the Justice Department will be defending the policy before the Supreme Court.

The UN programme on HIV and AIDS (UNAIDS) and abortion supporting groups like the Center for Reproductive Rights and Planned Parenthood have submitted an amicus brief opposing the policy. These groups believe sex workers are less likely to receive the health care they need when there is a policy in place that “assumes all sex workers seek rescue.”

Some 46 organizations support the anti-prostitution/trafficking policy.

“The split is about whether you support the sex industry,” Norma Ramos, executive director of the Coalition Against Trafficking in Women. “Prostitution is the end point of sex trafficking” and cannot be separated out from efforts to fight public health problems, including the spread of HIV/AIDS,” she said.

The U.S. contribution to combat HIV/AIDS programs overseas has been over $60 billion.

Share on Facebook
Share on Twitter