Prostitution Clause in AIDS Policy Ruled Illegal (1st Amendment victory)

[Bozita]

Bless these judges!

http://www.washingtonpost.com/wp-dyn/content/article/2006/05/18/AR2006051801857.html

Prostitution Clause in AIDS Policy Ruled Illegal

By Glenn Kessler
Washington Post Staff Writer
Friday, May 19, 2006; A16


Two federal judges in the past two weeks have ruled unconstitutional the government's policy of forcing U.S. health groups to denounce prostitution as a condition for receiving funds for international AIDS work.

Both judges said the requirement violated the First Amendment right to free speech. The most recent ruling, issued yesterday in Washington by U.S. District Court Judge Emmet G. Sullivan, found that the regulation "casts too wide a net and is not narrowly tailored," forcing aid organizations to "parrot the government's policies" and preventing them from using even privately raised funds to assist sex workers with AIDS prevention.

-snip-

Julie M. Carpenter, a lawyer at Jenner & Block LLP who litigated the Washington case, said, "The effect of the statute was to quell any dispute with the federal government. What this does is say to the government that it can't use its spending power to constrain private speech."

Rebekah Diller, associate counsel of the poverty program at the Brennan Center for Justice at NYU School of Law, who argued the New York case, said the requirements made it very difficult for groups to use even privately raised funds to teach prostitutes about AIDS prevention methods. She said health organizations could not collectively distribute condoms to groups of prostitutes, or work with other groups that tried to change laws or policies concerning prostitutes. "It cast a very big chill on being able to do this outreach," Diller said.

-snip-

more...

[Demeter]

1. Simply Amazing How Simple Fundies Are

Denial as a health policy--denial of health care, and denial of prostitution as a factor to be reckoned with in health care.

[toopers]

2. Thank goodness . . .

Now, maybe we can start addressing it here in the US from a more mature standpoint.

[VegasWolf]

3. Yes, but not while Republicans and DINOs are worried about getting

re-elected!

[AzDar]

4. You know, I'm always hoping it's a joke...but there's no punchline. n/t

[WildClarySage]

5. Yes, and so why is the Mexico Gag Rule constitutional???

[Bozita]

6. imho, these court rulings deserve better -- page 2 of LBN?