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Black people account for 68 percent of HIV-related arrests in Va.

Williams Institute at UCLA released report on Thursday

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The Virginia Capitol (Washington Blade photo by Michael Key)

Since 2001, at least 97 people have been arrested under Virginia laws that criminalize people living with HIV, hepatitis B, and syphilis, according to a new report by the Williams Institute at UCLA School of Law. HIV-related crimes are disproportionately enforced on the basis of race and sex, with Black men being the most likely to be arrested and convicted.

Using data obtained from the Criminal Justice Information Services Division of the Virginia Department of State, researchers found that charges were filed in over 70 percent of HIV-related arrests in Virginia and more than half of them resulted in a guilty outcome, resulting in sentences averaging 2.1 years.

HIV criminalization is a term used to describe laws that either criminalize otherwise legal conduct or increase the penalties for illegal conduct based upon a personā€™s HIV-positive status. More than two-thirds of U.S. states and territories have enacted HIV criminal laws.

Until this year, Virginiaā€™s HIV criminalization statute contained a felony provision ā€” which prohibited people living with HIV, Hepatitis B, or syphilis from engaging in sexual activity of any kind with the intent to transmit the infection ā€” and a misdemeanor charge for engaging in sexual activity without disclosing a positive status.

ā€œIn reality, people have been charged with felony crimes under Virginiaā€™s HIV criminal laws simply for not disclosing their status,” said lead author Nathan Cisneros, HIV Criminalization Analyst at the Williams Institute. ā€œFor two decades, Virginia law has singled out people living with HIV for criminal prosecution without requiring actual transmission or even the possibility of transmission. Moreover, the law ignored whether the person living with HIV is in treatment and virally suppressed, and therefore cannot transmit HIV.”

KEY FINDINGSĀ 

  • At least 97 people in Virginia have been arrested for HIV-related criminal offenses since 2001.
  • Black people account for 20 percent of Virginiaā€™s population, but 58 percent of the stateā€™s people living with HIV, and 68 percent of all those arrested for HIV-related offenses.
  • Men comprise 75 percent of people living with HIV in Virginia, but 87 percent of people arrested for HIV-related offenses.
    • Black men are 40 percent of people living with HIV in Virginia, but 59 percent of all people arrested for HIV-related offenses.
  • Nearly one-fifth (18 percent) of those arrested for HIV-related crimes had no other criminal history.
  • Charges were filed in over 70 percent of HIV-related arrests in Virginia. And over half (54 percent) of all charges filed resulted in a guilty outcome.
  • Guilty outcomes resulted in an average sentence of 2.1 years.
  • Incarcerating people for HIV-related offenses has cost Virginia at least $3.2 million.

Virginia is one of four states, including Missouri, Illinois, and Nevada, to modernize its HIV criminal laws in 2021. Virginia’s new law only criminalizes actual, intentional transmission, which remains a felony, and it removes HIV-specific language. Virginia also revised its donation law to align with the federal HIV Organ Policy Equity Act.

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State Department

Senate confirms Marco Rubio as next secretary of state

Fla. Republican will succeed Antony Blinken

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U.S. Sen. Marco Rubio (R-Fla.) during his confirmation hearing to become the next secretary of state on Jan. 15, 2025. (Washington Blade photo by Michael Key)

The U.S. Senate on Monday confirmed U.S. Sen. Marco Rubio (R-Fla.) to become the next secretary of state.

The vote took place hours after President Donald Trump’s inauguration. The Senate Foreign Relations Committee on Monday advanced Rubio’s nomination before senators approved it by a 99-0 vote margin.

The promotion of LGBTQ and intersex rights abroad was a cornerstone of the Biden-Harris administration’s foreign policy.

Rubio in 2022 defended Floridaā€™s ā€œDonā€™t Say Gayā€ law that Republican Gov. Ron DeSantis signed. The Florida Republican that year also voted against the Respect for Marriage Act that passed with bipartisan support.

Rubio during his Jan. 15 confirmation hearing did not speak about LGBTQ rights.

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Federal Government

GLAAD catalogues LGBTQ-inclusive pages on White House and federal agency websites

Trump-Vance administration to take office Monday

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World AIDS Day 2023 at the White House (Washington Blade Photo by Michael Key)

GLAAD has identified and catalogued LGBTQ-inclusive content or references to HIV that appear on WhiteHouse.gov and the websites for several federal government agencies, anticipating that these pages might be deleted, archived, or otherwise changed shortly after the incoming administration takes over on Monday.

The organization found a total of 54 links on WhiteHouse.gov and provided the Washington Blade with a non-exhaustive list of the “major pages” on websites for the Departments of Defense (12), Justice (three), State (12), Education (15), Health and Human Services (10), and Labor (14), along with the U.S. Equal Employment Opportunity Commission (10).

The White House web pages compiled by GLAAD range from the transcript of a seven-minute speech delivered by President Joe Biden to mark the opening of the Stonewall National Monument Visitor Center to a readout of a roundtable with leaders in the LGBTQ and gun violence prevention movements and the White House Office of National Drug Control Policy’s 338-page FY2024 budget summary, which contains at least a dozen references to LGBTQ-focused health equity initiatives and programs administered by agencies like the Substance Abuse and Mental Health Services Administration.

Just days after Trump took office in his first term, news outlets reported that LGBTQ related content had disappeared from WhiteHouse.gov and websites for multiple federal agencies.

Chad Griffin, who was then president of the Human Rights Campaign, accused the Trump-Pence administration of “systematically scrubbing the progress made for LGBTQ people from official websites,” raising specific objection to the State Department’s removal of an official apology for the Lavender Scare by the outgoing secretary, John Kerry, in January 2017.

Acknowledging the harm caused by the department’s dismissal of at least 1,000 employees for suspected homosexuality during the 1950s and 60s “set the right tone for the State Department, he said, adding, ā€œIt is outrageous that the new administration would attempt to erase from the record this historic apology for witch hunts that destroyed the lives of innocent Americans.”

In response to an inquiry from NBC News into why LGBTQ content was removed and whether the pages would return, a spokesperson said “As per standard practice, the secretary’s remarks have been archived.” However, NBC noted that “a search of the State Department’s website reveals not much else has changed.”

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U.S. Federal Courts

Appeals court hears case challenging Florida’s trans healthcare ban

District court judge concluded the law was discriminatory, unconstitutional

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NCLR Legal Director Shannon Minter (Washington Blade photo by Michael Key)

Parties in Doe v. Ladapo, a case challenging Florida’s ban on healthcare for transgender youth and restrictions on the medical interventions available to trans adults, presented oral arguments on Wednesday before the U.S. Court of Appeals for the 11th Circuit in Atlanta.

The case was appealed by defendants representing the Sunshine State following a decision in June 2024 by Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida, who found “the law and rules unconstitutional and unenforceable on equal protection grounds,” according to a press release from the National Center for Lesbian Rights, which is involved in the litigation on behalf of the plaintiffs.

The district court additionally found the Florida healthcare ban unconstitutional on the grounds that it was “motivated by purposeful discrimination against transgender people,” though the ban and restrictions will remain in effect pending a decision by the appellate court.

Joining NCLR in the lawsuit are attorneys from GLAD Law, the Human Rights Campaign, Southern Legal Counsel, and the law firms Lowenstein Sandler and Jenner and Block.

“As a mother who simply wants to protect and love my child for who she is, I pray that the Eleventh Circuit will affirm the district courtā€™s thoughtful and powerful order, restoring access to critical healthcare for all transgender Floridians,” plaintiff Jane Doe said. “No one should have to go through what my family has experienced.ā€

“As a transgender adult just trying to live my life and care for my family, it is so demeaning that the state of Florida thinks itā€™s their place to dictate my healthcare decisions,” said plaintiff Lucien Hamel.

“Members of the legislature have referred to the high quality healthcare I have received, which has allowed me to live authentically as myself, as ā€˜mutilationā€™ and ā€˜an abominationā€™ and have called the providers of this care ā€˜evil,ā€™” Hamel added. “We hope the appellate court sees these rules and laws for what truly are: cruel.ā€ 

ā€œTransgender adults donā€™t need state officials looking over their shoulders, and families of transgender youth donā€™t need the government dictating how to raise their children,ā€ said Shannon Minter, legal director of NCLR. ā€œThe district court heard the evidence and found that these restrictions are based on bias, not science. The court of appeals should affirm that judgment.ā€ 

Noting Hinkle’s conclusion that the ban and restrictions were “motivated by animus, not science or evidence,” Simone Chris, who leads Southern Legal Counsel’s Transgender Rights Initiative, said, ā€œThe state has loudly and proudly enacted bans on transgender people accessing healthcare, using bathrooms, transgender teachers using their pronouns and titles, and a slough of other actions making it nearly impossible for transgender individuals to live in this state.”

Lowenstein Sandler Partner Thomas Redburn said, ā€œThe defendants have offered nothing on appeal that could serve as a valid basis for overturning that finding” by the district court.

 ā€œNot only does this dangerous law take away parentsā€™ freedom to make responsible medical decisions for their child, it inserts the government into private health care matters that should be between adults and their providers,” said Jennifer Levi, senior director of transgender and queer rights at GLAD Law.

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