News
HIV/AIDS returning to the spotlight?
Following victories on marriage, advocates say decades-old issue will get renewed look
(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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Congratulations to Jaime Christopher Pierce on their appointment to serve as a member of the Virginia Governor’s LGBTQ+ Advisory Board. Pierce was sworn in on Sept. 3 by Greg Parks, clerk of the Alexandria Circuit Court.
Pierce currently serves as vice chair of the Alexandria City LGBTQIA+ Task Force and as a member of the Alexandria Pride planning committee. They previously served on the board of directors of Equality Virginia.
Upon being sworn in, Pierce said, “Public service has been a central part of my life for more than 30 years, and this appointment gives me an opportunity to serve the Commonwealth in a different and very personal way. My career has allowed me to work with people and communities throughout Virginia, and I hope to bring that experience, along with my own lived experience and my involvement in the LGBTQ+ community, to the work of the Board.” They added, “Having Greg administer the oath makes the occasion even more meaningful because of his own historic role as Virginia’s first openly gay elected circuit court clerk.”
Pierce also serves as Circuit Court Services Manager for the Department of Judicial Services, at the Office of the Executive Secretary of the Supreme Court of Virginia. They began their career in Virginia’s judiciary in 1994 as a deputy clerk with the Virginia Beach Circuit Court and have since held several professional and leadership positions within the court system. Pierce is a member of the National Association for Court Management (NACM) and the Mid-Atlantic Association for Court Management. At the national level, Pierce participated in the workgroup that developed the National Association for Court Management’s Diversity, Equity, and Inclusion Guide, a resource designed to help court professionals advance inclusive practices and strengthen access, fairness and belonging within the justice system.
Pierce earned a degree in Criminal Justice from Liberty University, and a certificate in Paralegal Studies from Norfolk State University.
National
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Eligibility for same-sex partner survivors remains unclear
As part of its commemoration of the 25th anniversary of the 9/11 terrorist attacks, the September 11th Victim Compensation Fund, a federally operated program, released information during the past week showing it has awarded more than $18 billion to over 77,000 9/11 victims and their families since 2011.
Officials with what’s now referred to as the VCF point out that it was created to provide compensation to individuals or to a court-approved personal representative of a deceased individual who were present at one of the three sites where the hijacked jetliners crashed.
Among those supported under the program are thousands of rescue workers, clean-up crews, and residents living near the World Trade Center Twin Towers destruction site who became ill, many of whom later died, by being exposed to the toxic fumes created by the fire and falling debris.
“Twenty-five years since that day, the September 11th Victim Compensation Fund has served tens of thousands of victims and their families, and we continue to receive over 750 new claims each month — a clear indication of the ongoing importance of our mission,” said Allison Turkel, VCF’s leader, who holds the title of Special Master.
In a Sept. 2 briefing for the news media in advance of the 9/11 anniversary commemoration, Turkel pointed out that the VCF operation was upgraded and expanded by separate laws passed by Congress in 2011 and 2019, with the 2019 law signed by President Trump providing full funding to “pay all eligible claims and extended the filing deadline to Oct. 1, 2090.”
LGBTQ advocacy organizations in New York and nationwide have reported that during the time shortly after the 9/11 attacks same-sex surviving partners of 9/11 victims learned they were ineligible for compensation benefits because their same-sex relationships were not legally recognized.
Nicole Nava, a VCF spokesperson, told the Washington Blade she would inquire into whether same-sex couple surviving partners were being supported under the VCF program in more recent years.
She said under long established VCF procedures, all applicants for benefit claims regarding a deceased person, whether same-sex or opposite sex, must be appointed as a Personal Representative of the deceased person by a state court. For D.C. residents, the probate division of the D.C. Superior Court appoints a Personal Representative.
“Claims for deceased victims (regardless of the cause of death) may be submitted only by the Personal Representative,” a statement on the VCF website says. “Each state has laws that define the process for appointment of the Personal Representative and the specific authority granted to that Personal Representative,” it says.
The Washington Blade couldn’t immediately determine the criteria for being approved as a Personal Representative by the D.C. Superior Court and various state courts, including whether a same-sex survivor partner would be eligible for such an appointment.
A spokesperson for the District of Columbia LGBTQ+ Bar Association, which includes many local attorneys who specialize in a wide range of specialized legal issues, couldn’t immediately be reached to find out if one or more of their members might be able to determine the same-sex partner eligibility for Personal Representative status.
In her news media briefing, VCF Special Master Turkel said detailed information about how best to file a claim for 9/11 victim compensation is available on the VCF website.
“Twenty-five years since the events of September 11th , 2001, we know it has become increasingly challenging for claimants to find documents needed to prove their presence at an eligible location, which is one of the key requirements to be eligible for compensation,” she said.
She was referring to the requirement that 9/11 surviving victims seeking a claim for support for injuries or illnesses related to the 9/11 attacks must prove they were present at the World Trade Center site, the Pentagon site, or the Shanksville, Pa. site where the hijacked jetliners crashed. Those requirements are separate from the less clearly defined criteria for same-sex couple victim survivor eligibility.
“Our team is committed to ensuring no claimant feels lost or overwhelmed when submitting a claim,” Turkel said at the briefing. “We have a great helpline with real live people who can answer or refer any questions that come in,” she added. “They engage in over 4,000 calls a month on average. We encourage folks to call 1-855-1555 with any questions.”
The VCF website, which has additional detailed information, can be accessed at www.vcf.gov.
Politics
Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint
Former Biden-Harris Cabinet member declined to comment on decision
An Indiana prosecutor has declined to file criminal charges against a woman who made a false child welfare complaint against Pete Buttigieg.
Buttigieg, the former transportation secretary in the Biden-Harris administration, was accused in June of posing a threat to his children via an anonymous call to police that resulted in him being temporarily separated from his four-year-old twins.
Marshall County Prosecuting Attorney E. Nelson Chipman Jr. opted not to pursue charges against the Alabama woman who filed the false child welfare claim against the Democratic political figure while she was in Marshall County.
According to ABC 57, the television station in South Bend that published a letter from Michigan State Police to Indiana State Police, the 50-year-old woman, identified only as TJ of Alabama, was responsible for the “brief and intrusive investigation” into Buttigieg and his family.
In the letter to Indiana State Police, Michigan State Police described TJ’s documented alcoholism and other chemical dependencies, as well as hallucinations and delusional thinking. The prosecutor also noted that TJ has self-identified as God and claims to hear voices only she can hear.
The letter from Michigan State Police to Indiana State Police states:
“Your investigation reveals that TJ, 50 years old, has a documented history of alcohol abuse and has experienced numerous treatment facilities and programs for alcoholism and other chemical dependency over the years. Further, TJ has a long history of mental illness, manifested by hallucinations and delusional thinking which includes frequently responding to voices only she hears and grandiose ideation including self-identifying as God. She frequently reports she has enjoyed an evening meal with Barack and Michele Obama.
TJ is from Alabama. During her relatively short stay here, TJ was able to generate three separate police encounters that resulted in reports, one of which resulted in TJ’s arrest for domestic battery. I note her BAC in that case was reported at .323. I also note one of the three early reports was based upon TJ’s claim of herself being a victim of sexual abuse at the age of 3 by her mother some 47 years prior. Her explanation for such a delayed report was incoherent.
As you found out, TJ returned to Alabama and took up residence in a treatment facility only to be soon evicted for a rule violation. She currently resides in a half-way house near Alabama, with very limited mental health treatment options available. I note TJ’s abusive and harassing attitude has resulted in restricting only somewhat her access to a telephone, and that she continues to have access to computers at the facility. Obviously she may still have the ability to file additional complaints. No doubt a regrettable situation.
In light of the totality of circumstances, I am unable to conclude that TJ is capable of forming the requisite intent to support a criminal conviction for this offense. Accordingly, this office will not be filing a criminal case in this matter.
Thank you, as always, for a thorough investigation and cogent report.
Stay safe.
Best regards,
E. Nelson Chipman, Jr.
Marshall County Prosecuting Attorney”
When the situation first arose in June, Buttigieg opened up about the experience via his Substack, where he described the situation as one of the worst things that has ever happened to his family — one that resulted in him being separated from his twins, Joseph August “Gus” and Penelope Rose, for their safety.
“The caller said that he had spoken to a woman who claimed to have met me at a conference several years ago in Alabama, where she said I told her that I had committed unspeakable violent crimes, and the caller believed my children were still at risk,” Buttigieg wrote in a post he titled “A Terrible Thing Happened to My Family.” “I am a reasonable man. I try to keep as calm and low-key as possible. But I cannot describe the mix of rage and sadness that I feel at the idea that someone brought our children into this.”
A Buttigieg spokesman declined to comment on the prosecutor’s decision not to pursue charges, but did tell the Washington Post in a statement: “This has been a painful and infuriating situation for the family. They are in touch with Michigan authorities, seeking answers and accountability for what happened.”
In response to the story Buttigieg shared on his Substack, Kelley Robinson, president of the Human Rights Campaign, released the following statement:
“I know how I would feel if someone tried to come between me and my kids. This is truly bottom-of-the-barrel stuff. It takes an awful, hateful person to question someone’s fitness as a parent just because of who they are, who they love, or in Sec. Buttigieg’s case, perhaps even who he speaks out against politically. We’re thinking of Pete, Chasten, and their whole family in this moment — and we aren’t resting until all LGBTQ+ families have the kind of safety and justice every one of us deserves.”
The Washington Blade reached out to Michigan State Police after the story initially broke to ask if any disciplinary action would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. After filing a FOIA request, the Blade was denied access to any additional information.
Comings & Goings
LGBTQ Military Happy Hour set for Sept. 15
Calendar: September 11-17
Multi-billion-dollar 9/11 Victim Compensation Fund to continue until 2090
Ind. prosecutor declines to press charges over false Buttigieg child welfare complaint
Blade Foundation to host fundraiser in Rehoboth on Sept. 12
New book examines fashionista Audrey Smaltz’s fabulous life
Actress takes on bisexual ‘Ma’ Rainey in new Round House production
Iceland implements gender-neutral blood donor rules
Anti-science, anti-LGBTQ movements go hand in hand
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Out & About5 days agoBlade Foundation to host fundraiser in Rehoboth on Sept. 12
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Books5 days ago
New book examines fashionista Audrey Smaltz’s fabulous life
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Theater5 days ago
Actress takes on bisexual ‘Ma’ Rainey in new Round House production
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Iceland4 days ago
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