hivaids

PBS’ "Perpetuating Stigma" Highlights HIV Criminalization

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Earlier this week, PBS aired the documentary Perpetuating Stigma about the ongoing criminalization of women with HIV. Through the stories of several women impacted by HIV criminalization — the use of criminal law to target people diagnosed with HIV for prosecutions and imprisonment — the documentary movingly illustrates how such laws dehumanize and stigmatize women living with HIV. But because of the opposition of the Alabama Department of Corrections, the producers of “Perpetuating Stigma” never got to tell the story of Dana Harley.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube’s privacy statement on their website and Google’s privacy statement on theirs to learn more. To view the ACLU’s privacy statement, click here.

Dana Harley is a prisoner in the segregated unit for women with HIV at the Tutwiler Prison for Women in Wetumpka, Alabama. When women first arrive at Tutwiler, they are tested for HIV. If a woman’s test results come back positive, she is placed in solitary confinement — sometimes for weeks — and eventually transferred to permanent housing in a segregated unit reserved for prisoners with HIV. Until she is released from Tutwiler, she will never again be housed with prisoners who do not have HIV. This HIV segregation policy, which has remained in place since the mid-1980s, stigmatizes people like Dana and denies them the same access to programs available to other prisoners. Along with South Carolina, Alabama is one of only two states left in the nation that still maintain such HIV segregation policies. Dana is one of nine people with HIV who, with the assistance of the ACLU, are challenging this discriminatory policy. The producers of Perpetuating Stigma attempted to interview Dana about her story, but the Commissioner of Corrections refused to permit the PBS producers to visit her, citing “ongoing litigation.” Even if the Commissioner will not allow Dana to speak for herself, the ACLU will continue to fight for her rights against unfair discrimination.

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PBS’ "Perpetuating Stigma" Highlights HIV Criminalization

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Earlier this week, PBS aired the documentary Perpetuating Stigma about the ongoing criminalization of women with HIV. Through the stories of several women impacted by HIV criminalization — the use of criminal law to target people diagnosed with HIV for prosecutions and imprisonment — the documentary movingly illustrates how such laws dehumanize and stigmatize women living with HIV. But because of the opposition of the Alabama Department of Corrections, the producers of “Perpetuating Stigma” never got to tell the story of Dana Harley.

Please note that by playing this clip You Tube and Google will place a long-term cookie on your computer. Please see You Tube’s privacy statement on their website and Google’s privacy statement on theirs to learn more. To view the ACLU’s privacy statement, click here.

Dana Harley is a prisoner in the segregated unit for women with HIV at the Tutwiler Prison for Women in Wetumpka, Alabama. When women first arrive at Tutwiler, they are tested for HIV. If a woman’s test results come back positive, she is placed in solitary confinement — sometimes for weeks — and eventually transferred to permanent housing in a segregated unit reserved for prisoners with HIV. Until she is released from Tutwiler, she will never again be housed with prisoners who do not have HIV. This HIV segregation policy, which has remained in place since the mid-1980s, stigmatizes people like Dana and denies them the same access to programs available to other prisoners. Along with South Carolina, Alabama is one of only two states left in the nation that still maintain such HIV segregation policies. Dana is one of nine people with HIV who, with the assistance of the ACLU, are challenging this discriminatory policy. The producers of Perpetuating Stigma attempted to interview Dana about her story, but the Commissioner of Corrections refused to permit the PBS producers to visit her, citing “ongoing litigation.” Even if the Commissioner will not allow Dana to speak for herself, the ACLU will continue to fight for her rights against unfair discrimination.

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Navajo Nation Sees Alarming Rise in HIV/AIDS Infections

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Navajo Nation Sees Alarming Rise in HIV/AIDS Infections

The number of new HIV/AIDS infections recorded in the Navajo Nation today is three times the number recorded a decade ago, the Los Angeles Times reported Thursday. Experts say poor education is partly to blame, with some tribal members learning about HIV and AIDS only upon diagnosis.

The Los Angeles Times’ Stephen Ceasar wrote about the rise of HIV infections on the Navajo reservation on Thursday, below is an excerpt from “Navajo Nation confronts HIV and AIDS:”

Most of the infections are occurring in the Navajo Nation, a vast expanse in the Four Corners region where poverty, poor education, alcohol abuse and the hardships of reservation life cultivate an environment in which the virus can spread.

Like Smith, some Navajo learn of HIV and AIDS upon diagnosis. Others believe it’s a white man’s disease. Doctors, meanwhile, must explain the virus and disease in round-about ways because, in traditional Navajo culture, to speak of death is to bring it about.

Larry Foster, the Navajo Nation’s sexually transmitted disease coordinator, said health professionals had encountered resistance when giving presentations on the disease.

“They didn’t want to listen because they thought we were bringing a curse, bringing death into their communities,” Foster said. “Nobody cares until they have seen an AIDS death in their family.”

Beyond the Navajo Nation, the overall rate of HIV and AIDS diagnosis for American Indians and Alaska Natives has been higher than the rate for whites, but generally lower than that of blacks or Latinos, according to the Centers for Disease Control and Prevention.

Federal Funding for Syringe Exchange Programs is at Risk

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Federal Funding for Syringe Exchange Programs is at Risk

hiv-stats-2009.pngUPDATE: Congress agreed upon a spending deal last night, averting a federal government shut down. It’s not yet clear if syringe exchange funding is included in the deal. We’ll let you know when we hear.

Federal funding for syringe exchange programs is at risk of being cut as Congress hashes out its appropriations bills for fiscal 2012, according to the AIDS Foundation of Chicago.

Sometime between Wednesday night and Thursday morning, the House released an omnibus spending bill that reinstates the ban on federal funding for syringes nationally and in Washington D.C.

“Some legislators apparently feel that providing federal money for clean syringes sends the wrong message and encourages drug use,” said John Peller, vice president of policy for the AIDS Foundation of Chicago (AFC) in a Q&A on their site.

But in fact, “syringe exchange programs have played a major role in the decline of HIV infections through intravenous drug use,” Peller went on to say.

Peller says all the evidence shows conclusively that syringe exchanges reduce HIV transmission, reduce drug use and link people to treatment.

“If the federal government is serious about reducing the deficit,
elected officials should also take seriously proven-effective,
science-based strategies to reduce new HIV cases, like syringe exchange,” Peller said.

Below is an excerpt of a Q&A with Peller originally published on the AFC website.

AFC: What’s going on with the federal ban on syringe exchange funding right now?

John Peller: Congress is trying to wrap up spending bills for fiscal year 2012 (which started over 10 weeks ago). The Republican-led House has passed spending bills that contain a number of policy restrictions or “riders” dictating how funding can or can’t be used. One of these restrictions would prohibit using federal funding to operate syringe exchanges.

The Democratic-led Senate, however, generally opposes these funding restrictions. The Senate’s funding levels are generally higher than the House-passed funding amounts, so House members are saying that they’ll accept the higher level but at a price — Senate approval of the policy riders. It’s political horse-trading at its best.

AFC: Why do some elected officials want to ban federal funding for syringe exchanges?

JP: The
federal ban on funding for syringe exchanges was put in place in the
1980s, and was repealed in 2009 by the Democratic Congress and President
Obama.  The Republican-led House, however, has attempted to reinstate
the ban, claiming that syringe exchanges promote drug use.  The evidence
actually shows that exchanges reduce drug use and link people to
treatment.

That infections went down despite the federal ban on funding is
testament to the dedication and hard work of scrappy agencies like
Chicago Recovery Alliance and others around the country.  However, these
agencies deserve the mainstream recognition that other HIV prevention
services receive.

The federal funding ban forced syringe exchanges to operate in the
shadows as if they are ineffective and illegitimate, when that couldn’t
be further from the truth.  The funding ban marginalized people who
inject drugs and labeled them as throw-aways, making it even harder to
link them with life-saving services.

AFC: What can people do to support maintaining the current law?

JP: We are asking advocates to call key members of the Senate.

Here are the numbers:
*Harry Reid (D-NV) Majority Leader: 202-224-3542 
*Dick Durbin (D) Majority Whip, Financial Services Subcommittee Chair: 202-224-2152
*Chuck Schumer (D) Democratic Policy Committee Chair: 202-224-6542 
*Daniel Inouye (D) Appropriations Chairman: 202-224-3934 
*Tom Harkin (D) Labor, HHS Subcommittee Chair: 202-224-3254 

The boilerplate message for all of the senators, including Sen. Reid, is:

“My name is _______.  I live in <Your City, State>.  I support
maintaining current language that allows local officials to make their
own decisions to use federal and local Washington DC funds for Syringe
Exchange.   Please do not change the current law in the Fiscal Year 2012
Appropriations negotiations.  Thank you.”

Will Politics Trump Science and Undermine Civil Liberties in Spending “Deal”?

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Leading congressional negotiators are apparently putting the finishing touches on a year-end spending deal, which would fund the federal government through the end of the fiscal year (in September 2012). Because of the difficulty in getting spending agreements through a bitterly divided Congress, representatives and senators tasked with hammering out the framework of a deal have added numerous “sweeteners” to secure the votes of members who would otherwise be inclined to vote no. What might at first be dismissed as simply politics and legislative “sausage making” as usual has the potential to do real harm to civil liberties.

Many of the sweeteners that have been discussed as being on the table are attacks on civil liberties. One proposal would reinstate the federal ban on funding for syringe services programs. These programs are a proven, life-saving approach to preventing transmission of HIV and viral hepatitis, two of the major infectious disease threats facing our nation. Dozens of national, state and local organizations, including the ACLU, recently wrote to President Obama and leading members of Congress on this issue, writing:

Numerous scientific studies, including several studies funded by the federal government, have established that syringe services programs, when implemented as part of a comprehensive HIV/AIDS prevention strategy, are an effective HIV prevention intervention and do not promote drug use.

Despite the proven benefits of syringe services programs in preventing the transmission of infectious disease, some in Congress would rather put politics ahead of science and public health.

Ironically, while federal funds for scientifically proven syringe services programs could be eliminated in the spending deal, ineffective programs that actually endanger the health of teenagers could end up a big winner.

The spending deal may include language that would actually allow dedicated funding for ineffective and harmful abstinence-only-until-marriage programs. The evidence against these programs is overwhelming. Abstinence-only-until-marriage programs censor vital health care information and increase risk-taking behavior; reinforce gender stereotypes and stigmatize gay and lesbian teens; and use taxpayer dollars to promote religion.

While it’s certainly important for Congress to make sure that the federal government is funded and able to serve the American people, it should not allow a spending bill to be turned into battering ram against science and civil liberties.

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Black Website Shows Us the Right and Wrong Ways to Talk HIV

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[UPDATE 3:32pm EST] Loop21.com just posted an exclusive first look at the trailer for “25 to Life,” the William “Reds” Brawner documentary the site covered on World AIDS Day. Predictably, the trailer centers on Brawner’s failure to disclose his HIV status to some of his sexual partners when he was in college. To me, what’s more compelling–and instructive–is Brawner’s take on his collegiate promiscuity: “Because things were a game to me, I was always looking for my next conquest. That’s how I expressed my manhood. That’s how I expressed my bravado.” 

Juxtaposed with an image of Brawner and a friend literally laying their heads in a woman’s cleavage, this quote lays bare the danger of using sexual manipulation to define masculinity. I hope the filmmakers, who are raising funds to complete the film, explore this idea further.

—-

Loop21.com, an African American news and lifestyle site, devoted lots of energy and real estate to HIV/AIDS last week. In the run-up and on World AIDS Day, the site ran a three-part series about the disease’s effect on ball culture (“Underground Gay Dance Culture Keeps ‘Voguing’ Legacy Alive”); covered Obama’s remarks at a ONE Campaign event (“President Obama Talks ‘The Beginning of the End of AIDS’”); and debunked down-low mythology in a statistics-laden piece about HIV risk among young black men who have sex with men (“Young Gay Black Men Are Most at Risk for HIV Transmission”).

But two pieces, which appeared side by side on World AIDS Day, crystallized the challenges of talking about sex, responsibility and HIV, 30 years and millions of words into the epidemic.

The first focuses on “25 to Life,” an upcoming documentary about Philadelphia AIDS activist William Brawner. It’s a heartbreaking story: As an 18-month-old under the care of a family friend, Brawner was scalded with boiling water. While undergoing a skin graft, he received a transfusion of HIV-infected blood. It being 1981, a time when the virus was considered an automatic death sentence and overt discrimination was rampant, Brawner’s mother chose to keep her baby’s diagnosis a secret. And Brawner, who grew up to be a magnetic, popular young man, carried that secret with him to Howard University, where he became sexually active at 18. He admits that he didn’t disclose his status to several of his partners and that he sometimes skipped condoms. To Brawner’s knowledge, none of his former partners have tested positive for HIV. Today, at 32, Brawner is married to an HIV-negative woman, has a son and he runs a residence for HIV-positive teens.

Through quotes from college friend and documentary filmmaker Michael Brown, the article attempts balance and nuance:

“We try not to villify him, and at the same time we don’t want to make him a martyr, either,” Brown says of his treatment of Brawner in 25 to LIFE. “This is not some type of an apology piece. We just tried to present a piece where viewers can answer some of the tough questions about Will’s life within themselves. And I think it kind of humanizes the experience of being HIV positive or having AIDS. You will wish that Will made some better choices. And seeing him work through some of these issues, you’ll feel for him, too.”

Unfortunately, key elements of the story render balance and nuance DOA.

The salacious headline,

“25 To Life: In New Film, Man With AIDS Confesses Unprotected Past”

the deck,

“Infected as a child, William Brawner practiced unsafe sex at Howard University”

and even the URL

http://loop21.com/life/coming-clean-hiv-postive-man-confronts-lives-he-destroyed,

essentially brand Brawner an AIDS predator and his partners duped damsels with no choice in the matter. [Editor's note: Research shows that the overwhelming majority of people who test positive take steps to protect themselves and their sex partners, according to federal health officials, who have identified undiagnosed infections as the key driver of the epidemic's spread.]

In addition, the opening paragraph sets up Brawner as a campus player and assigns a “boys will be boys” playfulness to romantic deceit:

Howard University campus heartthrob William “Reds” Brawner was a hot commodity. His former roommate and friend Mike Brown recalls an incident from their junior year.
“I didn’t know that Reds had a female guest in his room when another girl showed up unannounced,” says Brown, who was left to answer the door. “Will liked the girls and the girls liked Will,” Brown says with a chuckle. They were young men in their college prime. This was a simpler time.

Interestingly, the piece doesn’t hold Brawner accountable for this behavior. It makes HIV the sole consequence of his disrespectful promiscuity, and it even negates Brawner’s own explanation for withholding the truth about his health status. Take a look at the following paragraph:

Brawner simply convinced himself it simply did not exist.

“Imagine being at a party and everyone knows that you’re HIV-positive or have AIDS,” Brawner explains. “No one’s going to want to dance with you.”

No one would want to have sex with you, either.

And so Brawner had girlfriends. He had sex. Some of it was unprotected.

What I see in this passage is a missed opportunity. To me, Brawner’s quote doesn’t suggest denial. It very plainly states that as a young adult he feared rejection and social stigma–two of the most visceral realities of living with and preventing the transmission of HIV, particularly if you buy into the player-player version of black masculinity.

Sadly, by painting Brawner with an AIDS predator brush, the piece and many of the inevitable comments reinforce what he feared as a young adult. Orlando Bagwell, the director of the Ford Foundation’s JustFilms initiative and a supporter of the Brawner documentary, reveals a more productive approach:

“One of the essential parts of the equation for arresting HIV and AIDS is honesty and disclosure and getting rid of the stigma as well. How we think about treatment, and how we think about how a new way to address those who are sick with this disease is really important.”

This brings me to the adjoining story, “Dating with HIV/AIDS: A Q&A with Hydeia Broadbent.”. Now 27, Broadbent was born with HIV and became a prominent face of the disease at age 12. In this excellent piece, she details how she navigates HIV in her romantic life:

Loop 21: If you’re HIV-positive, when do you disclose your status? On the date? Before a date? As soon as you meet? As soon as you’re interested?

Broadbent: I have a three-date rule. By the third date is when it’s time to let someone know–but a lot of people don’t start dating until after they have already had sex. You need to let your partner know before you take it that far. If the person rejects you, then look at the bright side–at least you find out sooner then later what type of person they really were.

She also gives the reader language to discuss very natural fears:

Loop 21: Once you’ve told someone you’re involved with (or hope to be involved with) that you are HIV-positive, what are the best questions he or she can ask to help things move forward?

Broadbent: The best question: “What are the ways I can stay negative?”
It’s important that people understand a person’s first reaction may be fear. Make sure you have all the answers to their questions and be willing to take that person with you to a doctor’s visit so they can ask other things themselves. I made such a point of taking my ex-boyfriend with me that my doctor would ask where he was if he didn’t see him by my side.

And finally, she points out the consequences of failing to protect yourself:

Loop 21: What’s the best way to encourage people to practice safe sex?

Broadbent: Be real with them about what can happen if they don’t. Simply by Googling pictures of STD outbreaks can be a wake-up. Or let people know there is no cure for AIDS and not everyone has access to the life-saving medications they may need. If you don’t have health insurance, it could cost almost $4000 a month for medications and that doesn’t include the cost for doctor’s visits, blood tests or other medications you may need. At the end of the day, safe sex or no sex is better then a positive test result. Please remember people are still dying–maybe not at an alarming rate, but some do lose their fight against AIDS.

Of course Broadbent is a professional speaker who has been telling the world about her disease since middle school. And the Q+A format allows her to give direct prevention and disclosure advice; it doesn’t delve into her mistakes or demand that the writer interpret her life story. But in a media landscape rife with confusing, unproductive messages about HIV/AIDS and black romantic life, I’d prefer the stigma-free, clear, empowering prevention messages over a juicy morality tale. As old folks say, the devil is in the details. With a less salacious headline, a neutral URL, a keener ear to what Brawner actually said, and a prevention paragraph as visceral as the rest of the tale, the Brawner piece might not have let him win. 

13 Arrested at Wall Street Protest for World AIDS Day

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13 Arrested at Wall Street Protest for World AIDS Day

It’s been a busy World AIDS Day, as folks in and out of the halls of power have sought to remind us all that the epidemic is still with us. At one end of the spectrum, the White House announced new funding for domestic treatment initiatives. At the other end, New Yorkers were acting up, drawing a link between tax cuts for the rich and AIDS deaths.

Thirteen demonstrators were arrested in New York City after blocking traffic on Broadway, near the Zuccotti Park site where Occupy Wall Street camped, while protesting the city’s cuts to AIDS services.

“Bloomberg opposes taxes that force the rich to pay their fare share and supports policies that rob poor New Yorkers with AIDS of income and lifesaving services, such as housing. He is a veritable scoundrel,” said Charles King, president of Housing Works, in a statement.

King’s organization helps members of the community affected by HIV/AIDS find affordable housing, among other services. But advocates say that sort of crucial support to low-income people living with HIV is getting increasingly difficult to offer, thanks to budget cuts.

Demonstrator Housing Works protest Thursday. 

According to Housing Works, Bloomberg has cut more than $13 million for HIV/AIDS housing and services during the past year.

“The reality is that Wall Street crashed our economy, and now politicians are saying there’s less money for basic needs Felix Rivera-Pitre, a VOCAL-NY leader who is living with HIV/AIDS and currently in a homeless shelter.

Meanwhile, President Obama announced he is shifting an additional $50 million in toward funding for domestic HIV/AIDS treatment. The bulk of that money, $35 million, will go to support the the AIDS Drug Assistance Program, or ADAP, which is a federal-state partnership that helps low-income people living with HIV/AIDS pay for their expensive, lifesaving medications.

Those receiving benefits from ADAP are disproportionately black, as is the overall population of people living with HIV in the U.S. More than 9,000 people are on waiting lists for treatment through ADAP, which has been chronically underfunded for more than a decade. According the Obama administration, the additional funding will enable states to reduce their waiting lists by nearly one-third.

Earlier this week the Centers for Disease Control and Prevention estimated that less than a third of people living with HIV/AIDS in the U.S. are both in treatment and succeeding at it.

Keeping those living with HIV/AIDS healthy is critical to preventing the spread of the disease. On Wednesday Colorlines.com’s MIchael Lavers and Kai Wright explained the CDC report. Reducing what’s called a patient’s “viral load” is a core part of HIV treatment:

The more virus that’s circulating in your blood, the weaker your immune system becomes and the more likely you are to develop a fatal illness. Treatment specialists believe a viral count under 550 copies of the virus per milliliter of blood is the magic number to stay healthy; go above that mark and you should start taking anti-retroviral drugs, they say.

But CDC officials have also said that a viral load below 200 meaningfully reduces the risk of transmitting the virus to a sexual partner. Tuesday, the CDC reported that only 28 percent of the estimated 1.2 million Americans living with HIV have viral counts that low. That news comes as a dampener to big, promising news earlier this year, when researchers found that successful treatment lowered the likelihood of transmitting HIV by a shocking 96 percent.

It’s World AIDS Day. What Are You Gonna Do to Stop This Madness?

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It's World AIDS Day. What Are You Gonna Do to Stop This Madness?

Thirty years into the HIV/AIDS epidemic, it seems downright bizarre that human immunodeficiency virus was once known as GRID–”Gay-related immune deficiency”–because the earliest cases were concentrated among gay men in New York City and Los Angeles.

Today, of course, we know better, after a 13-year-old boy named Ryan White and tennis star Arthur Ashe let the world know that what was once dubbed “gay cancer” could be acquired through blood transfusions, among other routes. 

After a little girl named Hydeia Broadbent who was born with HIV started speaking out, and a 23-year-old, drug-free, HIV-positive professional woman named Rae Lewis Thornton proclaimed her status on the cover of Essence magazine. 

After Magic Johnson–Magic Johnson!–retired from the Lakers due to HIV and prejudice. 

After N.W.A’s nasal-voiced frontman Eazy-E announced he had AIDS and died a month later. 

After these high-profile stories; the sparkly M.A.C Viva Glam and the conspicuously urban Rap-It-Up campaigns; the “No Glove, No Love” slogans; the free condoms at Planned Parenthood; the films like “Life Support”; and the memoirs like Marvelyn Brown‘s “The Naked Truth.” 

After seeing our family members, friends and neighbors live with HIV and, in way too many cases die of AIDS-related illnesses, we now know without a doubt that this thing is ours. All of ours.

Today is World AIDS Day. I want us all to take a minute to actively think about what HIV means and does to our communities. How it wreaks havoc on heterosexual black women at grossly disproportionate rates; how it claims four times as many transgender folks than cis-gender folk; how gay and bisexual black men are once again at the epicenter of it.

Then I want us all to act. 

-Get tested. Both of you. Together. Today. 

-Use condoms. Correctly. Every single time. 

-If you must do things that require needles, use clean ones. 

-Take your meds. Every day, on time. 

-Address infections like herpes and syphilis that make your body more vulnerable to HIV infection.

-Demand adequate funding for quality health care for people living with HIV right here in the U.S., so we don’t have thousands on waiting lists for drugs and reports that less than a third of people in treatment are succeeding at it.

-Tell your health department to stop fearing honest talk about sex and adequately fund real prevention that supports healthy choices without stigmatizing people.

And, most important, don’t forget that HIV exists. Yes, many of us are living with it now, but it can still kill us. And it doesn’t have to be this way.

On World AIDS Day, Many Living with HIV Being Kept Separate and Unequal

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Today as we unite in the fight against HIV, on World AIDS Day, we remember those who have died from HIV/AIDS, and commit to do more for those who currently are living with HIV. It’s encouraging that we now have a National AIDS Strategy, which aims to reduce new infections, offer broader access to life-saving treatment, and eliminate on-going discrimination against people living with HIV. While it’s true, as the federal government recognizes, that ending discrimination could help encourage more people to be comfortable getting tested for HIV, that’s not why we at the ACLU think ending discrimination is so important. As the National AIDS Strategy rightly says, “[t]o be free of discrimination on the basis of HIV status is both a human and a civil right.”

While we’ve made significant progress in eliminating stigma and discrimination, unfortunately, we still have far to go. We don’t need to look any farther than Alabama, which has the dubious distinction of being one of two states that continues to force prisoners living with HIV to live in special segregated housing. The effects of this segregation are far-reaching – the very act of assignment to the “AIDS dorm” discloses inmates’ HIV status to other inmates, their families, and their communities. Inmates with HIV are kept out of work-release programs by arbitrary criteria that aren’t based on medical standards. And they are even categorically excluded from other important rehabilitative and re-entry programs, including residential drug treatment programs, as well as such highly-coveted privileges as housing in the faith-based dorms and honor dorm. There’s no good reason why prisoners with HIV should be segregated, as other prison systems in the country recognize. The ACLU National Prison Project and AIDS Project, along with the ACLU of Alabama, have challenged the Alabama policy in court. Right now, we’re waiting for a judge’s decision on the state’s motion to dismiss our case.

We know that much of the discrimination faced by people with HIV is rooted in fear – fear of what it means to live with HIV, and fear based on a lack of knowledge about how HIV is and isn’t transmitted. As a society, we need to do more to combat this misinformation. But when our own government perpetuates discrimination against people with HIV, as the Alabama prison policy does, it sends a message that HIV disease is something so fearful that people with HIV literally need to be kept apart from others. That’s why this World AIDS Day, we renew our pledge to fight government discrimination against people with HIV, and dismantle the remaining barriers to fairness and full equality for people living with HIV.

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Majority of People Living With HIV in U.S. Aren’t in Successful Treatment

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Majority of People Living With HIV in U.S. Aren't in Successful Treatment

Less than a third of people living with HIV/AIDS in the United States are in successful enough treatment that they will remain healthy and reduce the likelihood of transmitting the virus to their sexual partners, according to the the Centers for Disease Control and Prevention. Health officials believe they must dramatically boost that number in order to control the epidemic, which has ravaged black communities in particular and is still growing among black gay and bisexual men.

The CDC released its latest update on the HIV/AIDS epidemic on Tuesday, in advance of World AIDS Day on Dec. 1. This spring marked 30 years since the public health agency first reported on the condition that would later be identified as HIV infection. Roughly half of those living with HIV/AIDS in the U.S. are black, as are roughly half of those who are newly infected each year.

Reducing what’s called a patient’s “viral load” is a core part of HIV treatment. The more virus that’s circulating in your blood, the weaker your immune system becomes and the more likely you are to develop a fatal illness. Treatment specialists believe a viral count under 550 copies of the virus per milliliter of blood is the magic number to stay healthy; go above that mark and you should start taking anti-retroviral drugs, they say.

But CDC officials have also said that a viral load below 200 meaningfully reduces the risk of transmitting the virus to a sexual partner. Tuesday, the CDC reported that only 28 percent of the estimated 1.2 million Americans living with HIV have viral counts that low. That news comes as a dampener to big, promising news earlier this year, when researchers found that successful treatment lowered the likelihood of transmitting HIV by a shocking 96 percent.

Federal health officials also estimate that 20 percent of people with the virus remain unaware altogether of their status because they have not been tested. CDC has long pointed out that new infections are driven overwhelmingly by people who don’t know they are HIV positive.

Still, the findings released Tuesday suggest that many people who have been tested and have gotten into treatment aren’t succeeding in lowering their viral loads. Moreover, there appears to be a racial disparity in who is and is not succeeding. A 2009-2010 study of adults with HIV in New York City, Los Angeles County, Philadelphia, Florida, Puerto Rico and 18 other jurisdictions found that 80 percent of white patients and 79 percent of Latino patients who received anti-retroviral therapy saw their viral levels fall below the 200 threshold. But only 70 percent of black patients who received treatment suppressed their viral counts.

Jonathan Mermin, director of the Division of HIV/AIDS Prevention at the National Center for HIV/AIDS, Viral Hepatitis, STD and Tuberculosis Prevention, conceded Tuesday it “is not completely known” what causes that racial disparity. He pointed out that there are “a lot of challenges even among those prescribed ART” that could come into play. Black communities overall suffer higher rates of unemployment and poverty that block access to health care. Access to transportation, homophobia, stigma or even migration are other potential factors getting in the way of more successful treatment.

Previous studies have also found that African Americans arrive in treatment late in the life of their HIV infection–which means, like any other health problem, it’s far more difficult to treat successfully. “We know that anti-retroviral therapy is available and effective,” said Janet Weinberg of Gay Men’s Health Crisis. “However, we have to increase access to treatment and provide culturally competent education, training and counseling–especially in communities where there are higher rates of HIV.”

The CDC’s concern about viral loads as a matter of HIV prevention, not just treatment, reflects a growing emphasis in public health on what’s called biomedical prevention of the virus’s spread. Researchers are exploring microbicides that could block transmission. Others are developing the use of anti-retroviral drug regimens for people who are negative, as a way to stop transmission from a positive sexual partners. And public health officials are increasingly focused on treatment of people who are positive as prevention. In May, a National Institutes of Health study of heterosexual couples found that people who begin HIV treatments while their immune systems remain relatively strong are 96 percent less likely to pass the virus along to partners.

“This is a very important finding because it shows that treatment for HIV can prevent the spread of HIV to others,” said CDC Director Thomas Frieden.

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