NEW YORK – Today is World AIDS Day and a new report shows that most Americans live in states where outdated laws still can criminalize HIV positive status.
New York is one of 38 states with laws that could be used to criminally prosecute people who are HIV positive for potentially exposing another person - regardless of intent and often when there is little or no chance of transmitting the virus. According to Naomi Goldberg,research and policy director at the Movement Advancement Project, these laws do not reflect the reality of HIV today.
"States should reform, repeal and/or modernize any of the laws that criminalize the transmission of HIV,” Goldberg said. "They should take into consideration the best available science, the medical evidence and things like intent and proportionality."
Some state laws specifically criminalize behaviors like spitting that cannot transmit HIV.
New York’s laws target sexually transmitted infections in general and could be used to prosecute people who have had sex after being diagnosed as HIV positive. But Goldberg argued that those with other infections are much less likely to be charged with a crime.
"It's only with HIV where people are being prosecuted,” she said. "Exposure to syphilis or exposure to gonorrhea or exposure to another sexually transmitted infection is very rarely prosecuted, which is problematic."
Rather than stemming the spread of HIV, Goldberg said evidence is mounting that criminal prosecutions discourage people from getting tested.
And she added that HIV criminalization laws are based on the fear and stigma of 30 years ago, but advances in antiretroviral therapies and the development of pre-exposure prophylaxis have reduced the threat significantly.
"HIV is no longer a death sentence,” she said. "We have life expectancies for people who are diagnosed and are on ART that are comparable to individuals without HIV."
A bill introduced in Congress, called the Repeal HIV Discrimination Act, would encourage states to modernize their laws, and would update federal laws and policies to be in line with modern science.
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A new report said Black LGBTQ+ youth are seeing more equality, in Connecticut and the U.S. but it does not always mean greater opportunity.
The Human Rights Campaign reported around 82% of kids were "out" to someone in their immediate family, showing a growing comfort level they have in being who they are. But the findings also indicate comfort does not always translate into acceptance and can lead to concern.
Ryan J. Watson, associate professor of human development and family sciences at the University of Connecticut and a researcher for the report, said a key takeaway is how Black LGBTQ+ youth face exclusion on several fronts.
"Maybe their Black African American relatives, friends, are in particularly unsupportive of them being a sexual-gender minority, and so, they kind of have stigma from that side," Watson explained. "And then also, the kids in this report are reporting they feel excluded by white LGBTQ youth and populations."
Almost 59% of kids reported they have experienced some form of parental rejection and around three-quarters have dealt with racism from the LGBTQ+ community. The report suggested parents can educate themselves about sexuality and gender identity as well as use the name and pronouns their kids use to define themselves.
The report also found mental health is a big concern. Around 59% of Black LGBTQ+-plus youth screened positive for depression, while close to 40% of those surveyed were diagnosed with anxiety. Watson found the figures alarming.
"We can leverage health professionals, teachers, parents," Watson noted. "But if I were developing an intervention right now to help a particular group of youth, this to me seems like a population in dire need."
Nearly half of Black transgender or gender-expansive youth have unmet mental health needs. Surveys have shown accessing mental health care in Connecticut is a challenge for many Black or minority residents.
Many are concerned about how their gender identity will affect their futures. More than 80% said they want to attend college but almost one-third worry how being LGBTQ+ could harm their future higher education opportunities.
Support for this reporting was provided by Lumina Foundation.
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In the face of anti-LGBTQ legislation and the tragic loss of a nonbinary teen in Oklahoma, an Alabama group is working to provide what it calls a space of hope and support.
Hometown Action hosts monthly virtual spaces as a platform for LGBTQ+ people to share their stories and build connections.
Justin Vest, executive director of the group, said the aim is to bring together people from rural parts of the state and help meet their needs through solidarity, mutual aid, advocacy, policy work or community projects.
"These community gatherings really are about creating that place of belonging, where folks can come together, we can share and process our rage, our grief," Vest outlined. "But most importantly, build that community, have that space of belonging, at a time when the world is trying really hard to say that we don't belong, as trans and queer folks."
Vest also emphasized the value of the Gender Justice Community Gatherings in providing education and creating a call to action.
Alabama is pushing forward with some controversial legislation, including House Bill 111, which proposes strict legal definitions for "man" and "woman" based on assigned sex at birth. Supporters of the bill claimed such restrictions are necessary for state laws.
The group is standing up against multiple bills it argued could threaten the safety or well-being of LGBTQ+ individuals. Vest noted they are collaborating with state partners and urging lawmakers to protect the rights of all citizens. Vest added immediate action may be critical but there is also a deeper commitment to people in often overlooked areas of the state.
"We also are very clear that if we're going to put a stop to these kinds of attacks, we have to build long-term power," Vest emphasized. "And in a state like Alabama, we have done that in the rural and small-town communities."
The American Civil Liberties Union is tracking four bills it deems as "anti-LGBTQ" making their way through the legislature. The next online gathering is scheduled for March 21 at 7 p.m. ET. Information is on the Hometown Action website.
Disclosure: The Hometown Organizing Project contributes to our fund for reporting on Civic Engagement, Climate Change/Air Quality, LGBTQIA Issues, and Rural/Farming Issues. If you would like to help support news in the public interest,
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LGBTQ advocates in North Dakota have joined a nationwide coalition demanding accountability over the death of a non-binary teen from Oklahoma. And there are calls to promote solidarity for other gender-nonconforming students.
Last month, 16-year-old Nex Benedict - who had experienced bullying - died the day after an altercation in a school bathroom.
The North Dakota Human Rights Coalition recently signed on to a letter that includes more than 350 other signees.
They want Oklahoma's state superintendent removed, claiming he helped foster a harassing environment.
Jamee Larson, board member with the North Dakota Coalition, said she wants people in her state to pay attention to what's happening.
"I think we just need to ask ourselves who really needs protecting right now?" said Larson. "And I don't think it's the students that need protecting from the trans community - I think it's the other way around."
Larson said she worries a similar situation could happen in North Dakota after the Legislature approved a wave of laws last year viewed as hostile toward the LGBTQ community.
Sponsors of those bills cite reasons such as protecting the rights of parents of other students.
But Larson said those kids are growing up with messaging that only their rights matter, while the rights of their LGBTQ classmates are stripped away.
Like everyone else attending public schools, Larson said trans-students just want an education and to feel welcome. She encouraged community members to rally around these individuals.
"I know a lot of people are talking about this right now and they need to be talking about it outwardly," said Larson, "that we aren't going to stand for this anymore."
Larson also called on administrators, law enforcement, and medical professionals to follow the necessary protocols in responding to any reports of bullying toward LGBTQ students.
Officials in Oklahoma have come under scrutiny for some of their actions leading up to and following Benedict's death.
Meanwhile, Faye Seidler, a suicide prevention advocate who specializes in helping LGBTQ+ populations in North Dakota, has put together a resource page for teens and their families to turn to in light of the Oklahoma case.
Disclosure: North Dakota Human Rights Coalition contributes to our fund for reporting on Civil Rights, Human Rights/Racial Justice, LGBTQIA Issues, Women's Issues. If you would like to help support news in the public interest,
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