On April 22nd, 2013, the U.S. Supreme Court heard oral arguments for Agency for International Development v. Alliance for Open Society International, Inc. concerning whether the Anti-Prostitution Loyalty Oath (APLO), written into the President’s Emergency Plan for AIDS Relief (PEPFAR), violates the First Amendment right to freedom of speech. The contested legislation is the U.S. Leadership Against HIV/AIDS Tuberculosis, and Malaria Act of 2003, or the Global AIDS Act, which states that no funds made available by PEPFAR “may be used to provide assistance to any group or organization that does not have a policy explicitly opposing prostitution and sex trafficking.” In August 2005, DKT International, a nonprofit working to improve access to reproductive health services in Latin America, Africa, and Asia, filed a lawsuit against USAID, challenging the anti-prostitution requirement. The case, DKT v. USAID, won in lower district courts, temporarily keeping the enforcement of APLO away from U.S. organizations; however, in February 2007, the U.S. Circuit Court reversed this ruling. In September 2005, the Alliance for Open Society International, Inc. (AOSI) filed a similar suit against USAID. This case was accepted by the Supreme Court in January 2013.
The Anti-Prostitution Pledge is an example of U.S. commitment to moral ideology over public health. Sex worker activists on Facebook organized the Red Umbrellas at the Supreme Court demonstration for this hearing.
Addendum: At the time of publication, the Supreme Court had just struck down the PEPFAR Pledge as of one hour ago. However, this editorial’s point still holds: OSI should have held a stronger stance on decriminalization, and there is still much work to do for sex worker activists to push forward from the momentum of this court decision.
There were only two red umbrellas in front of the Supreme Court, in spite of eager support on the Facebook event page. Actually, one of these red umbrellas was striped: only half-red and half-white, a last minute compromise during a rushed subway scramble. As described in Melissa Gira Grant’s article in The Nation, even these two unassuming umbrellas were folded away and stuffed like contraband beer into organizer David Perez’s brown paper shopping bag. We stood on the Courthouse steps, behind a group of chipper public health advocates in yellow t-shirts. Our 9:00 AM meet-up time was inopportune, as we were a few dozen places late of a seat at the hearing. Umbrellas aside, we really left neither a visual nor numerical impression.