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HIV/AIDS returning to the spotlight?

Following victories on marriage, advocates say decades-old issue will get renewed look

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Act Up, Silence = Death, AIDS, HIV, gay news, Washington Blade, HIV/AIDS
Act Up, Silence = Death, AIDS, HIV, gay news, Washington Blade, HIV/AIDS

(Washington Blade file photo by Michael Key)

After years of being overshadowed by other issues like marriage equality and “Don’t Ask, Don’t Tell,” an issue that decades ago was at the center of the gay rights movement is once again moving to the forefront.

Following hard-fought victories for marriage rights at the Supreme Court, in states throughout the country and across the globe, the persistence of HIV/AIDS is grabbing new attention as recent news stories have documented progress toward a cure and the disease’s continuing impact on gay youth and people of color.

Sean Strub, founder of POZ magazine, said LGBT leadership is taking a renewed look at the issue in response to community pressure and stubbornly high infection rates among young gay men — particularly men of color — which he said are “skyrocketing and simply impossible to ignore.”

In the past week, two separate articles in the mainstream media were published following World AIDS Day that documented the persistence of the HIV/AIDS epidemic among gay and bisexual men.

One article, which appeared on the front page of the New York Times, reported the disease is “rapidly becoming concentrated” among poor, black and Latino men who have sex with men.

Jonathan Mermin, director of HIV prevention at the Centers for Disease Control, is quoted as saying reaching these men is “the Holy Grail” in confronting HIV/AIDS.

Although his agency has granted millions of dollars to local health departments, Mermin reportedly couldn’t identify any city or state that has succeeded in lowering infection rates among young men of color.

An op-ed published on CNN.com written by Perry Halkitis, associate dean of New York University’s Global Institute of Public Health, raised the question of whether there’s a “gay generation gap” with regard to the perception of HIV. Halkitis points to the growing rate with which young gay men have unprotected sex now that the disease is perceived as chronic, but not fatal.

“The disease may not be front and center — it may not be the primary presenting problem faced by young gay men, as it was for me at age 18 in 1981 — but it is a concern,” Halkitis writes. “However, it’s a concern that must be spoken about and dealt with differently for this ‘new’ AIDS generation.”

According to data from the Centers for Disease Control, gay, bisexual and other men who have sex with men remain the most profoundly affected by HIV.

In 2010, an estimated 29,800 men were infected with HIV after having sex with another man  — a 12 percent increase from the 26,700 new infections among this group in 2008. In 2010, men who have sex with men accounted for 63 percent of all new HIV infections nationwide.

At the same time as the disease gets renewed attention from the gay community, Strub said young gay men infected with HIV face new challenges — even though the disease is no longer a death sentence — because of the lack of solidarity with other gay men.

“People with HIV no longer inspire a sympathetic response from the public, especially not the gay public, but are more often seen and defined — particularly by the public health and criminal justice systems — as potential threats,” Strub said. “We’re living longer so we’re around to infect longer, viral vectors, potential infectors, an inherent risk to society.”

Meanwhile, advocates working on HIV/AIDS contend the issue has always belonged to the gay community, but is rising again in prominence for various reasons.

Richard Socarides, a gay New York Democratic activist, was among those predicting HIV/AIDS will “emerge as a major issue for the gay community.”

“Especially now, as a whole new generation of young gay men face issues relating to safe sex head on for the first time,” Socarides said. “But now in a context where ‘silence’ may not equal death but instead, a long-term chronic but treatable disease.”

Mark Mazzone, a spokesperson for the LGBT military group SPART*A, said he thinks HIV will come to forefront for advocates working on LGBT military issues in the wake of “Don’t Ask, Don’t Tell” repeal and the Supreme Court ruling against the Defense of Marriage Act.

“I think this will return as an LGBT military issue simply because of the lack of education given to our service members and the high risk behaviors mostly younger LGB men engage in, which need to be mitigated through a comprehensive training and prevention program,” Mazzone said.

Mazzone said service members become non-deployable once they’re discovered to have HIV; can’t commission as an officer or warrant officer; can’t fly aircraft or work in any jobs requiring a flight physical; are restricted to stateside duty assignments (with the exception of the Navy); and are not eligible for special schools such as Ranger, Special Forces or other special ops jobs.

And the nation’s largest LGBT group says that it continues to make a priority efforts to bring the HIV/AIDS epidemic to an end.

Fred Sainz, vice president of communications for the Human Rights Campaign, said HIV/AIDS has been and continues to be at the forefront for LGBT groups like HRC.

“Until the scourge is gone, fighting HIV/AIDS has, is and will remain a top priority for the LGBT civil rights movement,” Sainz said.

Strub said in recent months he’s seen HRC devote more attention to HIV/AIDS.

“I am heartened by HRC’s outreach to HIV advocates in the last several months and am cautiously optimistic we will see a greater commitment from them in 2014, on HIV issues, than we have seen in recent years,” Strub said.

One HIV/AIDS issue that has particularly risen in prominence is the HIV criminalization laws in some states. Under such laws, an HIV-positive person can face criminal charges for failing to disclose their HIV status before engaging in sex.

LGBT and HIV/AIDS advocates have railed against the laws, saying they send an inaccurate message regarding prevention responsibility, create a disincentive to receiving testing and may discourage disclosure of HIV status. According to Lambda Legal, 39 states have HIV-specific criminal statutes or have brought HIV-related criminal charges, which have resulted in more than 160 prosecutions in the United States in the last four years.

Sen. Chris Coons (D-Del.) introduced on Tuesday legislation in the Senate known as the Repeal Existing Policies that Encourage and Allow Legal (“REPEAL”) HIV Discrimination Act, which would require an interagency review of federal and state laws that criminalize certain actions by people living with HIV.

“A disturbing number of state and local criminal laws pertaining to individuals with HIV/AIDS are rooted not in science, but in outdated fear,” Coons said in a statement. “They run counter to effective public health strategies, discourage HIV testing, and perpetuate unfair stigma and discrimination against people living with HIV/AIDS – people who are our friends, family, and neighbors.”

In May, Rep. Barbara Lee (D-Calif.) introduced the House version of the legislation along with Ileana Ros-Lehtinen (R-Fla.). According to the Library of Congress, the bill has 37 sponsors, although Ros-Lehtinen is the only Republican co-sponsor.

In Iowa, the punishment for being found guilty of violating Code 709C can be imprisonment for up to 25 years and registration as a sex offender.

Donna Red Wing, executive director of the LGBT group One Iowa, said in the wake of securing marriage equality in her state, working with local HIV groups to repeal her state’s HIV criminalization law has become the No. 1 legislative priority for the organization.

“Over the years, I’ve been troubled that as the face of AIDS changes, fewer and fewer LGBT organizations are engaging in this struggle,” Red Wing said. “It seems like the right thing to do, you know? Because in the early days, if it wasn’t for our people, if it wasn’t for the LGBT communities, we would not be where we are today.”

Although the Iowa Legislature is no longer in session, Red Wing said efforts are underway to move forward legislation with lawmaker reconvene in January.

“We already have laws that deal with communicable diseases, and the fact that HIV/AIDS gets this special treatment and these enhanced sentences is so draconian,” Red Wing said. “A communicable disease is a communicable disease is a communicable disease, and there should be nothing special and no enhanced sentences for people living with AIDS/HIV.”

The potential for discovering a cure for the disease has also received significant attention amid new developments from the Obama administration as part of the goal of achieving an “AIDS-free generation.”

Last week, President Obama announced he’s redirecting $100 million over the course of three years at the National Institutes for Health to an initiative with the goal of developing a cure for the disease.

“The United States should be at the forefront of new discoveries in how to put HIV into long-term remission without requiting live-long therapies, or better yet, eliminate it completely,” Obama said.

A NIH official later clarified for the Blade the $100 million will be on top of another $60 million previously directed toward the effort and comes from grants for other initiatives that have expired at the agency.

But the prospects for a cure were dealt a blow last week, following media reports that two men who had hoped they were cured of HIV after bone marrow transplants found they still had the virus.

After the two men underwent life-threatening procedures intended for cancer, they initially were virus-free as of July in four months in one case and two months in another and stopped taking their HIV medication. But doctors announced last week that virus has reemerged in their systems.

Despite the reemergence of the virus in the systems of the two men, doctors said they learned from the procedure that even if you make HIV seemingly disappear, it can hide in the body — possibly held up in the organs and inside the intestines — and reactivate.

Strub said while efforts to eliminate the disease are important, changing the way society looks at HIV/AIDS should also be a priority.

“The advocacy needs are immense, but one of the most important — to which we in the LGBT community can contribute to greatly — is in reducing stigma by supporting and empowering people with HIV and refocusing on the human rights approach, rather than just a biomedical approach, to HIV prevention.”

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Mexico

Mexican Senate approves bill to ban conversion therapy

Measure passed by 77-4 vote margin

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(Washington Blade photo by Michael K. Lavers)

The Mexican Senate on Thursday approved a bill that would ban so-called conversion therapy in the country.

Yaaj México, a Mexican LGBTQ rights group, on X noted the measure passed by a 77-4 vote margin with 15 abstentions.  The Chamber of Deputies, the lower house of Mexico’s congress, approved the bill last month that, among other things, would subject conversion therapy practitioners to between two and six years in prison and fines.

The Senate on its X account described conversion therapy as “practices that have incentivized the violation of human rights of the LGBTTTIQ+ community.”

“The Senate moved (to) sanction therapies that impede or annul a person’s orientation or gender identity,” it said. “There are aggravating factors when the practices are done to minors, older adults and people with disabilities.”

Mexico City and the states of Oaxaca, Quintana Roo, Jalisco and Sonora are among the Mexican jurisdictions that have banned the discredited practice. 

The Senate in 2022 passed a conversion therapy ban bill, but the House of Deputies did not approve it. It is not immediately clear whether President Andrés Manuel López Obrador supports the ban.

Canada, Brazil, Belgium, Germany, France, and New Zealand are among the countries that ban conversion therapy. Virginia, California, and D.C. are among the U.S. jurisdictions that prohibit the practice for minors.  

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The White House

Four states to ignore new Title IX rules protecting transgender students

Biden administration last Friday released final regulations

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March for Queer and Trans Youth Autonomy in D.C. in 2023. (Washington Blade photo by Michael Key)

BY ERIN REED | Last Friday, the Biden administration released its final Title IX rules, which include protections for LGBTQ students by clarifying that Title IX forbids discrimination based on sexual orientation and gender identity. 

The rule change could have a significant impact as it would supersede bathroom bans and other discriminatory policies that have become increasingly common in Republican states within the U.S. 

As of Thursday morning, however, officials in at least four states — Oklahoma, Louisiana, Florida, and South Carolina — have directed schools to ignore the regulations, potentially setting up a federal showdown that may ultimately end up in a protracted court battle in the lead-up to the 2024 elections.

Louisiana State Superintendent of Education Cade Brumley was the first to respond, decrying the fact that the new Title IX regulations could block teachers and other students from exercising what has been dubbed by some a “right to bully” transgender students by using their old names and pronouns intentionally. 

Asserting that Title IX law does not protect trans and queer students, Brumley states that schools “should not alter policies or procedures at this time.” Critically, several courts have ruled that trans and queer students are protected by Title IX, including the 4th U.S. Circuit Court of Appeals in a recent case in West Virginia.

In South Carolina, Schools Supt. Ellen Weaver wrote in a letter that providing protections for trans and LGBTQ students under Title IX “would rescind 50 years of progress and equality of opportunity by putting girls and women at a disadvantage in the educational arena,” apparently leaving trans kids out of her definition of those who deserve progress and equality of opportunity. 

She then directed schools to ignore the new directive while waiting for court challenges. While South Carolina does not have a bathroom ban or statewide “Don’t Say Gay or Trans” law, such bills continue to be proposed in the state.

Responding to the South Carolina letter, Chase Glenn of Alliance For Full Acceptance stated, “While Supt. Weaver may not personally support the rights of LGBTQ+ students, she has the responsibility as the top school leader in our state to ensure that all students have equal rights and protections, and a safe place to learn and be themselves. The flagrant disregard shown for the Title IX rule tells me that our superintendent unfortunately does not have the best interests of all students in mind.”

Florida Education Commissioner Manny Diaz also joined in instructing schools not to implement Title IX regulations. In a letter issued to area schools, Diaz stated that the new Title IX regulations were tantamount to “gaslighting the country into believing that biological sex no longer has any meaning.” 

Governor Ron DeSantis approved of the letter and stated that Florida “will not comply.” Florida has notably been the site of some of the most viciously anti-queer and anti-trans legislation in recent history, including a “Don’t Say Gay or Trans” law that was used to force a trans female teacher to go by “Mr.”

State Education Supt. Ryan Walters of Oklahoma was the latest to echo similar sentiments. Walters has recently appointed the right-wing media figure Chaya Raichik of Libs of TikTok to an advisory role “to improve school safety,” and notably, Raichik has posed proudly with papers accusing her of instigating bomb threats with her incendiary posts about LGBTQ people in classrooms.

The Title IX policies have been universally applauded by large LGBTQ rights organizations in the U.S. Lambda Legal, a key figure in fighting anti-LGBTQ legislation nationwide, said that the regulations “clearly cover LGBTQ+ students, as well as survivors and pregnant and parenting students across race and gender identity.” The Human Rights Campaign also praised the rule, stating, “rule will be life-changing for so many LGBTQ+ youth and help ensure LGBTQ+ students can receive the same educational experience as their peers: Going to dances, safely using the restroom, and writing stories that tell the truth about their own lives.”

The rule is slated to go into effect Aug. 1, pending any legal challenges.

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Erin Reed is a transgender woman (she/her pronouns) and researcher who tracks anti-LGBTQ+ legislation around the world and helps people become better advocates for their queer family, friends, colleagues, and community. Reed also is a social media consultant and public speaker.

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The preceding article was first published at Erin In The Morning and is republished with permission.

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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