Maryland
Williams Institute report: Black people account for 82 percent of HIV criminal cases in Md.
State Health Code criminalizes ‘knowingly’ transmitting virus
A report the Williams Institute released on Thursday notes Black people account for 82 percent of HIV-related criminal cases in Maryland.
The report notes Black people account for 30 percent of Maryland’s population, and 71 percent of people living with HIV in the state. The Williams Institute report also indicates Black men account for 14 percent of Maryland’s population and 44 percent of people living with HIV in the state, but comprise 68 percent of people accused in HIV-related criminal cases.
The report indicates at least 104 cases and at least 148 charges of “knowingly transferring HIV to another” in Maryland from 2000-2020. Three of the 104 cases, according to the report, “alleged only attempted ‘knowing transferring HIV to another.'”
Sixty-nine percent of “enforcement of HIV criminal laws” in Maryland happened in three jurisdictions: Baltimore City (32 percent), Montgomery County (19 percent) and Prince George’s County (18 percent.)
“Maryland’s law was enacted in 1989 at the height of the AIDS crisis before we had effective treatments for HIV,” said Williams Institute Criminalization Project Director Nathan Cisneros, who is the study’s lead author. “We now have medical treatments that wholly eliminate the risk of transmitting HIV through sex, yet these advances are not reflected in Maryland law despite several reform attempts in recent years.”
Section 18-601.1 of Maryland’s Health Code states “an individual who has the human immunodeficiency virus (HIV) may not knowingly transfer or attempt to transfer the human immunodeficiency virus to another individual.” Anyone “who violates the provisions of this section is guilty of a misdemeanor and on conviction” could face a fine of up to $2,500 and/or up to three years in prison.
The Williams Institute based its report on data it obtained from the Maryland State Administrative Office of the Courts.
Maryland
4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy
Substitute teacher Kimberly Polk challenged regulation in 2024
A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.
The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.
The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”
“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”
The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”
U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.
By PAMELA WOOD | Dan Cox, a Republican who was resoundingly defeated by Democratic Gov. Wes Moore four years ago, has filed to run for governor again this year.
Cox’s candidacy was posted on the Maryland elections board website Friday; he did not immediately respond to an interview request.
Cox listed Rob Krop as his running mate for lieutenant governor.
The rest of this article can be found on the Baltimore Banner’s website.
Maryland
Expanded PrEP access among FreeState Justice’s 2026 legislative priorities
Maryland General Assembly opened on Jan. 14
FreeState Justice this week spoke with the Washington Blade about their priorities during this year’s legislative session in Annapolis that began on Jan. 14.
Ronnie L. Taylor, the group’s community director, on Wednesday said the organization continues to fight against discrimination against people with HIV/AIDS. FreeState Justice is specifically championing a bill in the General Assembly that would expand access to PrEP in Maryland.
Taylor said FreeState Justice is working with state Del. Ashanti Martinez (D-Prince George’s County) and state Sen. Clarence Lam (D-Arundel and Howard Counties) on a bill that would expand the “scope of practice for pharmacists in Maryland to distribute PrEP.” The measure does not have a title or a number, but FreeState Justice expects it will have both in the coming weeks.
FreeState Justice has long been involved in the fight to end the criminalization of HIV in the state.
Governor Wes Moore last year signed House Bill 39, which decriminalized HIV in Maryland.
The bill — the Carlton R. Smith Jr. HIV Modernization Act — is named after Carlton Smith, a long-time LGBTQ activist known as the “mayor” of Baltimore’s Mount Vernon neighborhood who died in 2024. FreeState Justice said Marylanders prosecuted under Maryland Health-General Code § 18-601.1 have already seen their convictions expunged.
Taylor said FreeState Justice will continue to “oppose anti anti-LGBTQ legislation” in the General Assembly. Their website later this week will publish a bill tracker.
The General Assembly’s legislative session is expected to end on April 13.
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