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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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Politics

Buttigieg says false report temporarily separated him from his children

Michigan State Police corroborated his account

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Then-U.S. Transportation Secretary Pete Buttigeig speaks at the 2024 Democratic National Convention in Chicago on Aug. 21, 2025. (Washington Blade photo by Michael Key)

Former Transportation Secretary Pete Buttigieg on Friday recounted being separated from his children following an anonymous police report later determined to be false.

The openly gay former mayor of South Bend, Ind., and current 2028 presidential contender was accused of posing a danger to his children and was not allowed to be with his four-year-old twins until after interviews were conducted.

Buttigieg went public with this account on his Substack, sharing how a woman anonymously — and falsely — accused him of posing a danger to his children.

“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.”

Michigan State Police spoke to the BBC following Buttigieg sharing his story.

“The Michigan State Police and Child Protective Services responded and determined the report was false.”

The statement also went on to explain that these types of false reports were “dangerous” and divert “workers from responding to legitimate emergencies and protecting vulnerable children and families.”

In that post recounting the ordeal, Buttigieg continued, saying that it was “among the darkest hours of my life,” and pointed out that his children should not be subjected to this type of harassment as a circumstance of his own place in the national political spotlight.

“They are four years old. Four. They do not know or care what a Democrat or a Republican is.”

He finished his post:

“We cannot let American politics keep going in this direction. And we must not all go on as if it’s acceptable for this kind of thing to be part of the cost of entering public service.”

“Most importantly, Chasten and I will continue to pour ourselves into the joyful and demanding work of raising and educating our two children. Being their parents is the best thing in our lives. They are just children, kids who deserve the best upbringing that their parents can provide, who mean more to us than anything, whom we love beyond words and will do anything to protect, and whose right to a safe and happy childhood deserves absolute and unconditional respect.”

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.”

Buttigieg was transportation secretary during the Biden-Harris administration.

The Washington Blade reached out to Michigan State Police to ask if any disciplinary actions would be imposed on the woman who made the false report, but was told to file a FOIA request to view the full report. the story will be updated as new information is shared.

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U.S. Supreme Court

11 years after Obergefell, marriage equality remains under scrutiny

Landmark ruling issued on June 26, 2015

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(Washington Blade photo by Michael Key)

Friday marks 11 years since the U.S. Supreme Court ruled the Constitution protects same-sex marriage in Obergefell v. Hodges. Despite that major win for LGBTQ people nationwide, the case may be on shakier ground than originally thought.

Obergefell v. Hodges, the case that determined the Constitution extends its protection of rights to same-sex couples and that states must recognize marriage licenses for same-sex couples from other states, was decided using a combination of cases from several states.

The central arguments in the case rested on the 14th Amendment’s Equal Protection Clause, Due Process Clause, as well as collateral spousal and parental rights.

Cases in play

The first case came from Michigan with DeBoer v. Snyder, where a lesbian couple, who were not legally allowed to marry in the Mitten State, attempted to adopt their third child but could not both obtain legal parental rights. April DeBoer and Jayne Rowse initially received a favorable ruling in district court, with the judge finding that the Michigan Marriage Amendment — which barred same-sex marriage in the Midwestern state — violated the Equal Protection Clause. The same day, the case was appealed to the 6th U.S. Circuit Court of Appeals, eventually making its way, along with the other five cases, to the highest court in the land.

Ohio had multiple cases that ultimately contributed to the judicial acknowledgment of same-sex marriage rights in the U.S.

The Supreme Court case most commonly associated with the fight for same-sex marriage — Obergefell — originated in Ohio. Beginning as Obergefell v. Kasich in the state, James Obergefell knew his longtime boyfriend, John Arthur, was suffering from ALS. Knowing Arthur’s life would end shortly — and understanding the couple could not legally marry in Ohio — they boarded a medically equipped plane, accompanied by a nurse and Arthur’s aunt, Paulette, and flew to BWI Airport in Maryland. There, they were legally married. Over the next several months, Arthur’s health continued to decline until he eventually passed away in October.

The legal battle began after Arthur died, as Ohio law refused to acknowledge that Obergefell was his husband and would not list him as Arthur’s surviving spouse on his death certificate. Obergefell challenged the decision, arguing it was unconstitutional and pursuing legal action. The local Ohio registrar agreed that refusing to recognize their out-of-state marriage license — which Ohio had recognized for different-sex couples in the past — discriminated against the couple. Despite that, the state attorney general continued to defend Ohio’s same-sex marriage ban.

The judge ultimately ruled that “a marriage solemnized outside of Ohio is valid in Ohio if it is valid where solemnized,” marking another step toward marriage equality. Ohio appealed the ruling, and the case ultimately contributed to the establishment of same-sex marriage protections under the federal Constitution.

The second Ohio case, Henry v. Wymyslo, much like DeBoer v. Snyder, involved parental rights for adopted children. The case included four couples — three lesbian couples who lived in Ohio and adopted children while residing there, and one gay couple from New York with an adopted son born in Ohio. The four couples filed a lawsuit against Ohio, seeking to require the state to list both parents on their children’s birth certificates.

Eventually, the judge — the same one who presided over Obergefell v. Kasich — ruled that the state must list both parents on their children’s birth certificates. Like many cases that make their way to the Supreme Court, it went through multiple appeals before ultimately reaching the nation’s highest court.

Kentucky also had two cases that contributed to the legal battle for same-sex marriage.

The first, Bourke v. Beshear, revolved around Gregory Bourke and Michael DeLeon, a same-sex couple married in Canada in 2004, and Randell Johnson and Paul Campion, who were married in California in 2008. Like DeBoer v. Snyder and Henry v. Wymyslo in their respective states, the plaintiffs challenged Kentucky’s ban on same-sex marriage and its refusal to recognize same-sex marriages performed in other jurisdictions so that both parents could be acknowledged on their children’s birth certificates.

The judge ultimately ruled, much like in Obergefell v. Kasich, that states constitutionally must recognize legally performed out-of-state marriages.

Love v. Beshear is the second case from the Bluegrass State.

Maurice Blanchard and Dominique James were denied a marriage license by Kentucky county clerks. The couple’s legal team filed to join Bourke v. Beshear, another case actively challenging the state’s ban on same-sex marriage, and the motion was approved, with the case restyled as Love v. Beshear. The judge ultimately ruled that Kentucky’s bans on same-sex marriage explicitly “violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and they are void and unenforceable.”

The final case, Tanco v. Haslam, involved four same-sex couples who filed suit in Tennessee. Each couple had married outside Tennessee before moving to the state, with nearly all relocating for employment. One worked for the military, whose marriage was already recognized by the Department of Defense; one worked for the state; and two were professors. Seeking to have their out-of-state marriages recognized in Tennessee, the four couples filed Tanco v. Haslam in U.S. District Court for the Middle District of Tennessee. The court eventually granted a preliminary injunction requiring the state to recognize the marriages of the three plaintiff couples but denied the request to overturn Tennessee’s same-sex marriage ban.

To SCOTUS

All of these cases contributed to the legal challenge against same-sex marriage bans across the country and ultimately led to a 5-4 ruling that allowed same-sex couples to have their marriages recognized in all 50 states, Guam, Puerto Rico, and D.C.

The justices voted as follows: Anthony Kennedy, who authored the majority opinion, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan supported Obergefell while Chief Justice John Roberts, Antonin Scalia, Clarence Thomas, and Samuel Alito all dissented.

The court held that the 14th Amendment — specifically its Due Process Clause — guarantees the right to marry as one of the fundamental liberties it protects, regardless of the gender of those getting married.

The court also ruled that another provision of the 14th Amendment — the Equal Protection Clause — extends the right to marry enjoyed by different-sex couples to same-sex couples, finding that denying same-sex couples that right violates their right to equal protection under the law.

Some of the Supreme Court justices who dissented argued that this was a state issue, not a federal one, because the Constitution makes no mention of same-sex couples. They said it was beyond the purview of the court to decide whether states must recognize or license such unions. The dissenters argued that the majority was engaging in judicial policymaking, which they contended is not permitted under U.S. law.

Another argument made by the dissenting conservative justices was that the majority opinion infringed on religious freedom by engaging in this “judicial policymaking” rather than allowing state legislatures to determine the laws governing marriage.

Since the ruling

According to data from the Williams Institute, 823,000 same-sex couples are now legally married — more than twice the number in 2015 — as a result of the Supreme Court’s decision.

The ruling also increased the number of same-sex families raising children, largely because it removed legal barriers and paperwork restrictions that had prevented same-sex couples from being listed as parents. The data shows there are nearly 299,000 children under the age of 18 being raised by married same-sex couples as a result of Obergefell.

The states that saw the largest increases — and the most favorable changes to marriage rates — were in the South. The percentage of cohabiting same-sex couples who were married between 2014 and 2023 increased from 38 percent to 59 percent.

Many of the married same-sex couples surveyed said marriage improved their sense of safety and security (83 percent), life satisfaction (75 percent), and relationship stability (67 percent).

“Marriage equality has significantly benefited the lives and well-being of same-sex couples, their families, and the communities where they live,” said Christy Mallory, interim executive director and legal director at the Williams Institute.

Future of Obergefell

While same-sex marriage remains the law of the land, there have been multiple attempts by conservative and religious figures in America to reverse it.

In 2025, Kim Davis, the clerk of Rowan County, Ky., who made headlines 10 years earlier after refusing to issue marriage licenses following the striking down of same-sex marriage bans, approached the Supreme Court with the goal of getting Obergefell overturned.

She argued that the ruling put her religious beliefs at odds with her job and asked the court to strike it down. The consensus was nearly unanimous, holding that when a person serves as an agent of the state, they cannot place their personal religious beliefs above state policy because they are acting on behalf of the government.

Thomas, one of the Supreme Court’s most conservative justices, has also attempted to plant the seeds for overturning Obergefell.

In Dobbs v. Jackson Women’s Health Organization, which ultimately restricted abortion access in the country, he wrote a concurring opinion suggesting that Obergefell, along with several other precedents, should be “reconsider[ed].”

Later, without directly addressing Obergefell, Thomas told an audience at Catholic University’s Columbus School of Law that he didn’t “think that … any of these cases that have been decided are the gospel.”

While President Donald Trump has not implemented any executive restrictions on same-sex marriage during his presidency, his administration has made it clear that it opposes continued efforts to expand protections for same-sex couples, particularly when doing so conflicts with claims of “religious freedom.” The administration has attempted to remove sexual orientation and gender identity from federal health care and housing nondiscrimination protections and has significantly restricted the rights of transgender Americans.

Currently, same-sex marriage remains federally protected by the Respect for Marriage Act, and the Supreme Court has thus far declined to overturn Obergefell.

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Maryland

Federal officials launch Title IX probe into Md. schools over trans athletes

Montgomery, Prince George’s, and Frederick Counties named in probe

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U.S. Department of Education. (Public domain photo)

On June 23, the U.S. Department of Education’s Office for Civil Rights announced it is launching a Title IX investigation into three Maryland school districts and the Maryland State Department of Education for failing to enforce sex-based protections guaranteed by federal law.

The districts include Montgomery County Public Schools, Prince George’s County Public Schools, and Frederick County Public Schools.

According to the department, these districts require schools to allow boys to compete in girls’ athletics, to use girls-only locker rooms, restrooms, and overnight accommodations alongside female athletes.

According to Bethesda Today, Montgomery County Public Schools spokesperson Liliana Lopez said “MCPS remains committed to providing safe, welcoming and inclusive learning environments for all students and to complying with applicable federal and Maryland laws and regulations. As the matter is now under review by the Office for Civil Rights, we have no further comment at this time.” 

Assistant Secretary for Civil Rights Kimberly Richey states that allowing students access to sex-separated programs and facilities based on gender identity is “deeply troubling.”

“54 years after Title IX was signed into law, the Trump administration remains steadfast to enforce its promise to protect women and girls. We will fully investigate these allegations and take appropriate action to ensure compliance with federal law,” Richey said in a statement. 

According to the press release from the Department of Education, the violation falls under a Trump-Vance administration rewrite of Title IX, which aligned the sex-based protections “with biological reality, not ideological fantasy.” 

This comes after the NCAA released a statement in February stating that people assigned male at birth cannot participate in women’s sports teams. The NCAA stated, “The policy is clear that there are no waivers available, and students assigned male at birth may not compete on a women’s team with amended birth certificates or other forms of ID.” 

The U.S. Supreme Court is also currently deliberating on a case regarding transgender athletes in youth sports and their ability to play on teams that align with their gender identity, with the decision expected in the coming days.

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