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Agency for International Development v. Alliance for Open Society International

Court Type: U.S. Supreme Court
Status: Closed (Judgment)
Last Update: April 2, 2013

What's at Stake

Whether organizations can be required to submit a pledge to oppose prostitution in order to participate in a federal program designed to combat HIV/AIDS, tuberculosis and malaria internationally.

In 2003, Congress enacted a law designed to promote a public-private partnership in the international effort to combat HIV/AIDS, tuberculosis, and malaria. With certain notable exceptions, organizations seeking federal funds are required to submit a pledge to the government affirming their opposition to prostitution, even if the grant they are seeking has nothing to do with prostitution. In its amicus brief, the ACLU argues that this compelled orthodoxy violates the fundamental First Amendment right to freedom of belief.

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