Agency for International Development v. Alliance for Open Society International Inc., No. 12-10; U.S. Supreme Court; opinion by Roberts, C.J.; dissent by Scalia, J.; decided June 20, 2013. On certiorari to the U.S. Court of Appeals for the Second Circuit.
In the U.S. Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, 22 U.S.C. § 7601 et seq., Congress has authorized the appropriation of billions of dollars to fund efforts by nongovernmental organizations to combat HIV/AIDS worldwide. The act imposes two related conditions: (1) No funds "may be used to promote or advocate the legalization or practice of prostitution," § 7631(e); and (2) no funds may be used by an organization "that does not have a policy explicitly opposing prostitution," § 7631(f). To enforce the second condition, known as the policy requirement, the Department of Health and Human Services (HHS) and the U.S. Agency for International Development (USAID) require funding recipients to agree in their award documents that they oppose prostitution.
