The suit was brought by DKT International, a nonprofit organization that
provides social marketing for family planning and HIV prevention services to
nearly 10 million people in 11 countries around the world. It receives about 16
percent of its total funds from the U.S. government either directly or
indirectly through grants and contracts; the remainder comes from other
national governments, private donations, and groups such as the Gates
Foundation.
In July, Family Health International said it could not renew a USAID
subcontract with DKT, for continued work making lubricants and condoms
available in Vietnam, unless the organization signed the anti-prostitution
pledge.
"DKT has no policy on prostitution and does not wish to adopt one. It believes
it has a First Amendment right not to do so," the organization argues in its
lawsuit. It strongly believes that it can best achieve its goals "by
maintaining neutrality on the controversial question of how to handle the
complex problems that arise at the intersection of the HIV/AIDS epidemic and
prostitution."
"The government can tell us what to do with their money, that is not in
question," said DKT president Philip D. Harvey, "But it is reprehensible, and
we believe unconstitutional, to tell us what to do with private money."
Humanitarian organizations "should not be mouthpieces for government officials
whose opinions, in many cases, they do not share. Freedom of speech means that
Americans may, without risking punishment, express their opinions freely and
not be forced to express the opinions of others."
The policy also doesn't make much sense. HIV is transmitted sexually and you
don't have to be an expert to understand that educating people in the sex trade
to risk reduction is a crucial part of trying to control the epidemic.
Preaching abstinence until marriage is not a realistic option with this group.
Concern over the regulation has been growing among non-governmental
organizations (NGOs) that work internationally in AIDS prevention activities.
Harvey said, "The extent of the consternation among NGOs doing this work in the
field is enormous. Some have simply held their noses and signed it, while
others have signed under protest, or refused to do so."
He says the NGOs are spending tremendous amounts of time and energy with USAID
trying to find out what is a definition of prostitution, what is meant by
"promoting" prostitution, what must be the extent of an organization's policy
of opposition, and must that be put in writing.
Harvey has had highly unusual parallel careers in these contentious areas.
Graduate study at the University of North Carolina School of Public Health was
the launching pad to becoming a leading practitioner of social marketing in
reproductive health and HIV prevention.
At the same time he started Adam & Eve, one of the first mail order
suppliers of condoms in the U.S. He started it to help support his
international interests and the business has grown to become one of the largest
direct purveyors of contraceptives, sex toys, and adult videos in the country.
A portion of the profits supports DKT's international activities.
The company became the target of federal smut busters in 1986. An eight year
series of battles, that cost the company $3 million in legal fees, established
much of the legal framework that allows Americans to purchase the porn of their
choice.
In 2000, Harvey, through DKT's Liberty Project, came to the aid of a Michigan
man prosecuted for "child pornography" for taking sexually explicit pictures of
his 17-year-old girlfriend. As the judge in the case wryly noted; it was legal
for the pair to have sex, but not legal for them to take pictures of it.
The current lawsuit seeks a preliminary injunction to prevent USAID from
enforcing the anti-prostitution provision while the question of its
constitutionality is being litigated. A handful of other NGOs have openly
stated their support for it though they have not officially joined the suit. A
ruling on the injunction is expected within a matter of days.
