NEW YORK (AP) – A U.S. policy that forces groups fighting AIDS overseas to denounce prostitution in order to receive federal funding violates free speech rights, a judge ruled.

The Supreme Court “has repeatedly found that speech, or an agreement not to speak, cannot be compelled or coerced as a condition of participation in a government program,” said U.S. District Judge Victor Marrero.

Marrero asked both sides to propose a preliminary injunction within two weeks that conforms with his findings, which temporarily blocked the government from demanding the pledge while the legal case continues.

The case stems from legislation passed by Congress in 2003 that required AIDS groups to pledge their opposition to sex trafficking and prostitution or do without federal funding. The pledge was immediately applied to foreign aid recipients, and now also affects private U.S. groups conducting AIDS programs overseas.

The government says it formed the policy to reduce behavioral risks associated with HIV and AIDS.

But three health organizations – the Alliance for Open Society International Inc., Open Society Institute and Pathfinder International – sued in September challenging the law. The groups have adopted policies acknowledging prostitution’s harms but object to being told how to execute them.

Lawyer Rebekah Diller, who represented the groups, said she was thrilled with the ruling.

“It’s really a tremendous victory for public health,” she said. “It will enable these organizations to serve very vulnerable women.”

A spokesperson for the U.S. attorney’s office in Manhattan, Megan Gaffney, said the government had no immediate comment.

To qualify for federal money, a group must adopt a statement saying it opposes prostitution and sex trafficking. Then it must sign a form for the government promising it has the policy. Only then is the organization eligible for funding.

Besides the pledge, the rules require AIDS groups to inform clients of condom failure rates. They also require the government to give equal opportunity to funding applicants that have “a religious or moral objection” to a particular AIDS prevention method or treatment program, such as condoms or needle exchanges.