However, one of the conditions imposed by the law on grant recipients was a requirement, known as the anti-prostitution pledge, to have "a policy explicitly opposing prostitution and sex trafficking".

[3] Many AIDS agencies preferred to remain neutral on prostitution so as not to alienate the sex workers they work with to reduce HIV rates.

In 2008, InterAction, and the Global Health Council joined the suit against the provision in a federal court in New York City, arguing that the requirement to promote a specific message violated the First Amendment's protection of free speech.

In November 2012, the Supreme Court granted a petition for certiorari filed by USAID, the U.S. Department of Health and Human Services, and the Center for Disease Control.

Justices Antonin Scalia and Clarence Thomas jointly filed a dissenting opinion arguing that the majority's ruling would prevent government funding for specific ideological programs.