Can the US government compel non-governmental organziations (NGOs) to condemn prostitution?

Yes, if those NGOs want to qualify for government funds. That’s the upshot of a ruling on Tuesday by a federal appeals court.

Since 2003, the US has required that to qualify for funds from the $15 billion PEPFAR program for AIDS, nonprofit groups abroad have to explicitly oppose prostitution and sex trafficking.

NGOs say that taking an explicit antiprostitution stance would make it harder for them to work with sex workers, one of the highest risk groups for HIV infection. In 2005, Brazil refused $40 million from the US rather than comply with the requriements.

Even within the US, the law has been controversial and has gone through a long process of rulings and counter-rulings.

In 2005, after the law expanded to include US groups, DKT International, a Washington D.C-based organization, sued the government, arguing that the law violated its free speech rights.

Last year, a lower court agreed and ruled that the law is unconstitutional. But on Tuesday, US Circuit Judge A Raymond Randolph reversed that ruling, saying that the US Congress has authorized the Bush administration to fund these groups “on such terms and conditions as the President may determine.”

What do you think? Are these acceptable strings?