An injunction blocking enforcement of a U.S. government requirement conditioning AIDS/HIV-fighting grants on a pledge not to encourage prostitution has been upheld by a federal appeals court.

A divided 2nd U.S. Circuit Court of Appeals said Judge Victor Marrero did not abuse his discretion when he issued a preliminary injunction on First Amendment grounds against a provision of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, 22 U.S.C. §7601 et seq.