DKT INTERN. v. U.S. AGENCY FOR INTERN. DEVELOPMENT

No. 06-5225.

477 F.3d 758 (2007)

DKT INTERNATIONAL, INC., Appellee v. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT and Randall L. Tobias, Administrator, United States Agency for International Development, in his official capacity, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 27, 2007.


Attorney(s) appearing for the Case

Gregory G. Katsas, Principal Deputy Associate Attorney General, U.S. Department of Justice, argued the cause for appellants. With him on the briefs were Peter D. Keisler, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Michael S. Raab, and Sharon Swingle, Attorneys. Vincent M. Garvey, Attorney, entered an appearance.

Julie M. Carpenter argued the cause for appellee. With her on the brief were Martina E. Vandenberg, Laura K. Abel, and David S. Udell.

Caroline M. Brown was on the brief for amici curiae Population Council, Inc., et al. in support of appellee.

Before: HENDERSON, RANDOLPH and KAVANAUGH, Circuit Judges.


Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge.

The official position of the United States is that eradicating prostitution and sex trafficking is an integral part of the worldwide fight against HIV/AIDS. In awarding grants to private organizations for HIV/AIDS relief efforts, the government—through the U.S. Agency for International Development-only funds organizations that share this view. DKT International refused to...

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