Alliance for Open Society Int'l, et al. v. U.S. Agency for Int'l Dev., et al., No. 08-4917 (2d Cir. 2011)
Annotate this CaseDefendants appealed from preliminary injunctions enjoining defendants from enforcing 22 U.S.C. 7631(f), a provision of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Act), 22 U.S.C. 7601 et seq., against plaintiffs, non-governmental organizations (NGOs) engaged in the international fight against HIV/AIDS that received funding under the Act. Section 7631(f), construed and implemented by defendants, required NGOs, as a condition of receiving Act funds, to adopt a policy explicitly opposing prostitution, and prohibiting recipients from engaging in any activities that were "inconsistent" with an anti-prostitution stance. The court held that section 7631(f) fell well beyond what the Supreme Court and the court have upheld as permissible conditions on the receipt of government funds where section 7631(f) did not merely require recipients of the Act's funds to refrain from certain conduct, but went substantially further and compelled recipients to espouse the government's viewpoint. Consequently, the court agreed with the district court that plaintiffs have demonstrated a likelihood of success on the merits and found no abuse of discretion by the district court.
The court issued a subsequent related opinion or order on February 2, 2012.
Subsequent History
- Agency for Int’l Dev. v. Alliance for Open Soc'y Int’l, Inc., No. 12-10 (U.S. Jun. 20, 2013)
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