The Department of Justice has temporarily withdrawn the government's appeal of a federal court injunction prohibiting enforcement of the anti-prostitution pledge under the U.S. Global AIDS Policy. The pledge was enacted as part of the U.S. Global AIDS, Tuberculosis and Malaria Act of 2003, requiring organizations that receive federal funds under the Act to pledge their "opposition to prostitution." In 2005, the Alliance for Open Society International and Pathfinder International filed suit challenging the constitutionality of the policy, arguing that it violated the First Amendment. Just before President Bush left office, his administration filed an appeal. In addition, the Bush Administration issued a regulation implementing the pledge.

According to RH Reality Check, "the Obama DOJ retains the right to resubmit an appeal by January 8th, 2010. Many advocates are hopeful that the Administration will use the intervening time to closely review the negative implications of this policy for HIV prevention work in the field."