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
Md. Commission on LGBTQIA+ Affairs released updated student recommendations
LGBTQ students report higher rates of bullying, suicide
The Maryland Commission on LGBTQIA+ Affairs has released updated recommendations on how the state’s schools can support LGBTQ students.
The updated 16-page document outlines eight “actionable recommendations” for Maryland schools, supplemented with data and links to additional resources. The recommendations are:
- Developing and passing a uniform statewide and comprehensive policy aimed at protecting “transgender, nonbinary, and gender expansive students” against discrimination. The recommendation lists minimum requirements for the policy to address: name, pronoun usage, and restroom access.
- Requiring all educators to receive training about the specific needs of LGBTQ students, by trained facilitators. The training’s “core competencies” include instruction on terminology, data, and support for students.
- Implementing LGBTQ-inclusive curricula and preventing book bans. The report highlights a “comprehensive sexual education curriculum” as specifically important in the overall education curriculum. It also states the curriculum will “provide all students with life-saving information about how to protect themselves and others in sexual and romantic situations.”
- Establishing Gender Sexuality Alliances “at all schools and in all grade levels.” This recommendation includes measures on how to adequately establish effective GSAs, such as campaign advertising, and official state resources that outline how to establish and maintain a GSA.
- Providing resources to students’ family members and supporters. This recommendation proposes partnering with local education agencies to provide “culturally responsive, LGBTQIA+ affirming family engagement initiatives.”
- Collecting statewide data on LGBTQ youth. The data on Maryland’s LGBTQ youth population is sparse and non-exhaustive, and this recommendation seeks to collect information to inform policy and programming across the state for LGBTQ youth.
- Hiring a full-time team at the Maryland Department of Education that focuses on LGBTQ student achievement. These employees would have specific duties that include “advising on local and state, and federal policy” as well as developing the LGBTQ curriculum, and organizing the data and family resources.
- Promoting and ensuring awareness of the 2024 guidelines to support LGBTQ students.
The commission has 21 members, with elections every year, and open volunteer positions. It was created in 2021 and amended in 2023 to add more members.
The Governor’s Office of Communication says the commission’s goal is “to serve LGBTQIA+ Marylanders by galvanizing community voices, researching and addressing challenges, and advocating for policies to advance equity and inclusion.”
The commission is tasked with coming up with yearly recommendations. This year’s aim “to ensure that every child can learn in a safe, inclusive, and supportive environment.”
The Human Rights Campaign’s most recent report on LGBTQ youth revealed that 46.1 percent of LGBTQ youth felt unsafe in some school settings. Those numbers are higher for transgender students, with 54.9 percent of them saying they feel unsafe in school.
Maryland’s High School Youth Risk Behavior Survey reveals a disparity in mental health issues and concerns among students who identify as LGBTQ, compared to those who are heterosexual. LGBTQ students report higher rates of bullying, feelings of hopelessness, and suicidal thoughts. Nearly 36 percent of LGBTQ students report they have a suicide plan, and 26.7 percent of respondents say they have attempted to die by suicide.
The commission’s recommendations seek to combat the mental health crisis among the state’s LGBTQ students. They are also a call for local and state governments to work towards implementing them.
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.
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