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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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Federal Government

Inside the LGBTQ records of Todd Blanche and Markwayne Mullin

Two men are acting attorney general, DHS secretary

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From left, Acting U.S. Attorney General Todd Blanche and Homeland Security Secretary Markwayne Mullen (Photos public domain)

President Donald Trump became famous for his use of the phrase “You’re fired!” while hosting the reality TV show “The Apprentice” in the early 2000s. However, during his time in the Oval Office, he has attempted to distance himself from that image.

Despite those efforts, the phrase once again comes to mind as Trump has fired two high-level female Cabinet members within the past month: Pam Bondi and Kristi Noem.

Their replacements — Todd Blanche at the Justice Department and Markwayne Mullin at the Department of Homeland Security — bring records that, while different in depth, both reflect limited support for LGBTQ protections and, in some cases, direct opposition.

Todd Blanche

Acting attorney general

Little has been found regarding Todd Blanche’s LGBTQ history prior to his role as acting head of the Department of Justice. Unlike those who have worked within the Justice Department’s Civil Rights Division or served as state attorneys general, he has not developed a public-facing legal ideology on LGBTQ issues.

Blanche attended American University for his undergraduate studies — like fellow Trump attorney Michael Cohen — where he met his future wife, Kristin, who was studying at nearby Catholic University in D.C.

He began his legal career as an intern at the U.S. Attorney’s Office in Washington, which eventually became a full-time position. He later worked as a paralegal in the U.S. Attorney’s Office for the Southern District of New York while attending Brooklyn Law School at night. Blanche graduated cum laude in 2003. He and his wife later married and had two children.

Blanche left the U.S. attorney’s office in 2014, taking a job in the Manhattan office of the law firm WilmerHale. In September 2017, he moved to Cadwalader, Wickersham & Taft LLP, where he was a partner in the White Collar Defense and Investigations practice.

In his personal capacity, he represented several figures associated with Donald Trump and former New York City Mayor Rudy Giuliani, including Trump’s former campaign manager Paul Manafort, businessman Igor Fruman, and attorney Boris Epshteyn.

In 2024, Blanche switched from Democrat to Republican, aligning himself with Trump’s political orbit. He later served as Trump’s personal defense attorney in the New York State case that led to Trump’s 2024 conviction on 34 felony counts of falsifying business records to cover up hush-money payments to bisexual adult film star Stormy Daniels.

Now the highest-ranking official at the Justice Department, Blanche has played a central role in overseeing the department and has been involved in leadership decisions tied to several controversial actions affecting LGBTQ people.

In a letter to New York Attorney General Letitia James, Blanche declared that the Justice Department “will not sit idly by while you attempt to use your office to force harmful procedures on our most vulnerable population,” if legal action were taken against NYU Langone. The hospital had “permanently” ended a program earlier that month after the Trump-Vance administration threatened to pull all federal funding if it continued prescribing puberty blockers and hormones to minors.

Blanche wrote that “the Justice Department believes the law is clear, and anti-discrimination laws cannot be used to force NYU Langone to perform sex-rejecting procedures on children.”

“As just one example, your office’s position would require a hospital to prescribe certain medications for certain diagnoses, regardless of the hospital’s or its doctors’ independent medical determination about the propriety of such treatment,” he said.

Blanche also echoed his predecessor’s public stance on limiting LGBTQ-related protections at the federal level, aligning with Bondi’s sentiments in June 2025 regarding the U.S. Supreme Court’s 6–3 decision that restricted LGBTQ history lessions in schools and limits lower federal courts from issuing nationwide injunctions — rulings that have often blocked Trump administration policies.

Calling it “another great decision that came down today,” Blanche argued that the ruling “restores parents’ rights to decide their child’s education,” adding: “It seems like a basic idea, but it took the Supreme Court to set the record straight, and we thank them for that. And now that ruling allows parents to opt out of dangerous trans ideology and make the decisions for their children that they believe is correct.”

In December 2025, a Justice Department memo stated that, “effective immediately,” prisons and jails would no longer be held responsible for violations of standards meant to protect LGBTQ people from harassment, abuse, and rape under the Prison Rape Elimination Act. The law, passed unanimously by Congress in 2003, requires that incarcerated people be screened for their risk of sexual assault, including consideration of LGBTQ status, and applies to all correctional facilities.

Additionally, when the Justice Department, under Blanche’s deputy leadership and at Trump’s behest, attempted to force Children’s National Hospital in D.C. to turn over medical records related to gender-affirming care, U.S. District Judge Julie R. Rubin ruled that the effort “appears to have no purpose other than to intimidate and harass.”

Blanche is also described as having a “strong belief in executive authority.”

Markwayne Mullin

Secretary of Homeland Security

While Blanche’s record is defined more by recent actions than a long paper trail, Markwayne Mullin brings a more established history on LGBTQ issues from his time in Congress.

The head of the Department of Homeland Security has served in Congress since 2013, in both the U.S. House of Representatives and U.S. Senate. He has been actively engaged in shaping restrictions and aligns with broader cultural rhetoric that frames anti-LGBTQ speech as protected expression.

In May 2016, Mullin criticized the Department of Education and the Justice Department’s “Dear Colleague” letter on transgender students, arguing that trans girls should not use girls’ restrooms in public schools.

By January 2021, Mullin and then-Hawaii Congresswoman Tulsi Gabbard had introduced a bill to prevent trans women from participating in women’s sports.

Mullin was not recorded as voting on the final passage of the Respect for Marriage Act, which codified federal recognition of same-sex and interracial marriage.

In 2023, Mullin received a rating of just 6 percent from the Human Rights Campaign.

While serving in the Senate and as a member of the Health, Education, Labor, and Pensions (HELP) Committee, Mullin has been a vocal critic of policies aimed at expanding LGBTQ inclusion in federal programs. He has participated in broader Republican efforts questioning equity-based implementation of the Older Americans Act, including guidance related to sexual orientation and gender identity in aging services, arguing such policies could have unintended consequences.

Mullin also makes history as the first Native American — and a citizen of the Cherokee Nation — to lead the Department of Homeland Security.

He was among the 147 Republicans who voted to overturn the 2020 presidential election results despite no evidence of widespread fraud, and was present in the House on Jan. 6.

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District of Columbia

Whitman-Walker Health to present ‘Pro Bono Excellence’ award to law firm

Health center set to celebrate 40th anniversary of legal services program

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Whitman-Walker Health’s Pro Bono Excellence award is named for Dale Edwin Sanders. (Photo courtesy of the family)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, announced it will present its annual Dale Edwin Sanders Award for Pro Bono Excellence to the international law firm McDermott Will & Schulte at a May 6 ceremony.

“This year’s award is especially significant as it coincides with the 40th anniversary of Whitman-Walker Health’s Legal Services Program, marking it as the nation’s longest running medical-legal partnership,” a statement released by Whitman-Walker says.

“As a national leader in public health, Whitman-Walker celebrates our partnership with McDermott to strengthen the health center and to enable Whitman-Walker to reach more medical and legal clients,” the statement adds.

“McDermott’s firm-wide commitment to Whitman-Walker’s medical-legal partnership demonstrates a shared vision to serve those most in need,” Amy Nelson, Whitman-Walker’s director of Legal Services, says in the statement. “Our work protects individuals and families who face discrimination and hostility as they navigate increasingly complex administrative  systems,” Nelson said.

“Pro bono legal services – like that of McDermott Will & Schulte – find solutions for people who have no place else to turn in the face of financial and health threats,” she added.

“Our partnership with Whitman-Walker Health is a treasured commitment to serving our neighbors and communities,” Steven Schnelle, one of the law firm’s partners said in the statement. “We are deeply moved by Whitman-Walker’s unwavering dedication to inclusion, respect, and equitable access to health care and social services,” he said.

The statement notes that the award for Pro Bono Excellence honors the legacy of the late gay attorney Dale Edwin Sanders. It says Sanders’s pro bono legal work for Whitman-Walker clients “shaped HIV/AIDS law for more than four decades by securing key victories on behalf of individuals whose employment and patient rights were violated.”

It says the Whitman-Walker Legal Services program began during the early years of the AIDS epidemic in the 1980s at a time when people with AIDS faced widespread discrimination and often needed legal assistance. According to the statement, the program evolved over the years and expanded to advocate for transgender people and immigrants.

Whitman-Walker spokesperson Lisa Amore said the presentation of the Dale Edwin Sanders Pro Bono Excellency Award will be held at the May 6 fundraising benefit for Whitman-Walker’s Legal Services Program. She said the event will take place at the offices of the DC law firm Baker McKenzie and ticket availability can be accessed here: https://www.whitman-walker.org/gtem-2026/

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Noticias en Español

La X vuelve al tribunal

Primer Circuito examina caso del reconocimiento de personas no binarias en Puerto Rico

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(Foto de Sergei Gnatuk via Bigstock)

Hace ocho meses escribí sobre este tema cuando todavía no había llegado al nivel judicial en el que se encuentra hoy. En ese momento, la discusión se movía entre decisiones administrativas, debates públicos y resistencias políticas. No era un asunto cerrado, pero tampoco había alcanzado el punto actual.

Hoy el escenario es distinto.

La organización Lambda Legal compareció ante el Tribunal de Apelaciones del Primer Circuito en Boston para solicitar que se confirme una decisión que obliga al gobierno de Puerto Rico a emitir certificados de nacimiento que reflejen la identidad de las personas no binarias. La apelación se produce luego de que un tribunal de distrito concluyera que negar esa posibilidad constituye una violación a la Constitución de Estados Unidos.

Este elemento marca la diferencia. Ya no se trata de una discusión conceptual. Existe una determinación judicial que identificó un trato desigual.

El planteamiento de la parte demandante se sostiene en el propio marco legal vigente en Puerto Rico. Los certificados de nacimiento de identidad no son registros históricos inmutables. Son documentos utilizados para fines actuales y esenciales. Permiten acceder a empleo, educación y servicios, y son requeridos en múltiples gestiones ante el Estado. Su función es operativa.

En ese contexto, la exclusión de las personas no binarias no responde a una limitación jurídica. Puerto Rico permite la corrección de marcadores de género en certificados de nacimiento para personas trans binarias desde el caso Arroyo González v. Rosselló Nevares. Además, el Código Civil reconoce la existencia de certificados que reflejan la identidad de la persona más allá del registro original.

La diferencia radica en la aplicación.

El reconocimiento se concede dentro de categorías específicas, mientras que se excluye a quienes no se identifican dentro de ese esquema. Esa exclusión es el eje de la controversia actual.

El argumento presentado por Lambda Legal es preciso. Obligar a una persona a utilizar documentos que no reflejan su identidad implica someterla a una representación incorrecta en procesos fundamentales de la vida cotidiana. Esto puede generar dificultades prácticas, exposición innecesaria y situaciones de vulnerabilidad.

Las personas demandantes, nacidas en Puerto Rico, han planteado que el acceso a documentos precisos no es una cuestión simbólica, sino una necesidad básica para poder desenvolverse sin contradicciones impuestas por el propio Estado.

El hecho de que este caso se encuentre en el sistema federal introduce una dimensión adicional. No se trata de un proyecto legislativo ni de una política pública en discusión. Es una controversia constitucional. El análisis gira en torno a derechos y a la aplicación equitativa de las leyes.

Este proceso tampoco ocurre en aislamiento.

Se desarrolla en un contexto donde los debates sobre identidad y derechos han estado marcados por una mayor presencia de posturas conservadoras en la esfera pública, tanto en Estados Unidos como en Puerto Rico. En el ámbito local, esa influencia ha sido visible en discusiones legislativas recientes, donde argumentos de carácter religioso han comenzado a formar parte del debate sobre política pública. Esa intersección introduce tensiones en torno a la separación entre iglesia y Estado y tiene efectos concretos en el acceso a derechos.

Señalar este contexto no implica cuestionar la fe ni la práctica religiosa. Implica reconocer que, cuando determinados argumentos se trasladan al ejercicio del poder público, pueden incidir en decisiones que afectan a sectores específicos de la población.

Desde Puerto Rico, esta situación no se observa a distancia. Se experimenta en la práctica diaria. En la necesidad de presentar documentos que no corresponden con la identidad de quien los porta. En las implicaciones que esto tiene en espacios laborales, educativos y administrativos.

El avance de este caso abre una posibilidad de cambio en el marco legal aplicable. No porque resuelva de inmediato todas las tensiones en torno al tema, sino porque establece un punto de análisis jurídico sobre una práctica que hasta ahora ha operado bajo criterios restrictivos.

A diferencia de hace ocho meses, el escenario actual incluye una determinación judicial que ya identificó una violación de derechos. Lo que corresponde ahora es evaluar si esa determinación se sostiene en una instancia superior.

Ese proceso no define un resultado inmediato, pero sí establece un nuevo punto de referencia.

El debate ya no es teórico.

Ahora es judicial. 

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