Sunday, July 03, 2005

1st Amendment!!!

Editorials & Commentary - International Herald Tribune: "The prostitution pledge"
The New York Times

MONDAY, JULY 4, 2005


Since 2003, the Bush administration has required foreign groups fighting AIDS overseas to pledge their opposition to prostitution and sex trafficking before they get U.S. money. Last month, the administration expanded the requirement to American groups. On its face, this law seems innocuous. Who supports prostitution?

But in countries like India, controlling AIDS among prostitutes and their clients is the key to keeping the disease from exploding into the general population. So some very effective programs are built around trying to make sure that prostitutes and their customers use condoms. The groups who run these programs try to gain the trust of prostitutes by providing them with health care and teaching them about safe sex. They argue that being forced to state their opposition to prostitution would limit their ability to do that. Brazil turned down a $40 million grant from the United States because it did not want to imperil successful programs.

The Bush administration and some of its supporters disagree. They argue that anything that makes life more tolerable for prostitutes encourages prostitution. That would include organizing sex workers in India to stand up to abusive clients, or helping Bangladeshi prostitutes get shoes so they can leave the brothel to visit a health clinic. Initially, the Justice Department ruled that the prostitution pledge could not be required of American groups because the U.S. Constitution guarantees the right to free speech. The administration's turnabout would seem vulnerable to a constitutional challenge.
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