The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 is a law that doesn't even have a Wikipedia page, but it's been fought over for a while in U.S. courts. The law states "No funds made available to carry out this Act . . . may be used to provide assistance to any group or organization that does not have a policy explicitly opposing prostitution." In other words, in order for HIV/AIDS non-profits to receive funding, they have to publicly denounce sex work. In 2008, slight amendments were made to the law, but despite claims that it violates the First Amendment, it still remained basically the same.
In a 2-1 decision, the 2nd U.S. Circuit Court of Appeals agreed with the naysayers and ruled that the government cannot require organizations to publicly (or privately) claim to hold any opinion.
“Congress's spending power, while broad, is not unlimited, and other constitutional provisions may provide an independent bar to the conditional grant of federal funds,” said U.S. Circuit Judge Barrington Parker and Judge Rosemary Pooler in their decision. Judge Chester Straub dissented.
“The government may not place a condition on the receipt of a benefit or subsidy that infringes upon the recipient's constitutionally protected rights,” the ruling said.
In a 2-1 decision, the 2nd U.S. Circuit Court of Appeals agreed with the naysayers and ruled that the government cannot require organizations to publicly (or privately) claim to hold any opinion.
“Congress's spending power, while broad, is not unlimited, and other constitutional provisions may provide an independent bar to the conditional grant of federal funds,” said U.S. Circuit Judge Barrington Parker and Judge Rosemary Pooler in their decision. Judge Chester Straub dissented.
“The government may not place a condition on the receipt of a benefit or subsidy that infringes upon the recipient's constitutionally protected rights,” the ruling said.
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