Blog of Rights

It Is Time to Modernize Discriminatory HIV/AIDS Laws

By Ian S. Thompson, ACLU Washington Legislative Office & Steven Waddy, Legislative Assistant, ACLU at 4:55pm

While science has vastly advanced since the early days of the HIV/AIDS epidemic more than 30 years ago, the ways in which many criminal laws treat people living with HIV look like throwbacks to the dark days of the past when fear and misinformation about HIV and how it is transmitted were rampant.

There are presently 32 states that have criminal laws that punish people for exposing another person to HIV, even in the absence of actual HIV transmission or even a meaningful risk that transmission could occur.

Momentum Continues to Build for Narrowing ENDA's Religious Exemption

By Ian S. Thompson, ACLU Washington Legislative Office at 1:28pm

The momentum behind efforts – strongly supported by the ACLU – to narrow the current sweeping, unprecedented religious exemption...

Senator Portman, ENDA's Religious Exemption Is Already Too Broad

By Ian S. Thompson, ACLU Washington Legislative Office at 12:18pm

At an event hosted by BuzzFeed on Monday night, Sen. Rob Portman (R-Ohio) said that he totally supports the concept of the Employment Non-Discrimination Act (ENDA) because, "This is about discrimination in the workplace. And there should be no discrimination and there ought to be a law in place, in my view."

The LA Times Agrees – ENDA’s Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office at 11:08am

On Thursday, the Los Angeles Times published a powerful editorial arguing that a blank check for religiously affiliated organizations – far beyond houses of worship – to discriminate in employment against LGBT people should not be the price paid to enact the long-sought and critically important Employment Non-Discrimination Act (ENDA).

Why ENDA's Religious Exemption Must Be Narrowed

By Ian S. Thompson, ACLU Washington Legislative Office & Dena Sher, ACLU Washington Legislative Office at 10:21am

Remarkably, there are only 16 states that currently have workplace non-discrimination laws that are fully inclusive of LGBT people. This leaves LGBT people vulnerable to workplace discrimination in well over half of the country–an unacceptable situation that must be changed.

To address this, last week, the Employment Non-Discrimination Act (ENDA) was reintroduced in Congress. The legislation would prohibit employment discrimination based on sexual orientation and gender identity in most American workplaces, a critically important step towards full equality for LGBT people.

VICTORY! Henderson et al. v. Thomas et al.

By Margaret Winter, National Prison Project at 3:01pm

Today a federal judge in Montgomery, Alabama entered a historic decision in the quarter-century-old fight for equality for prisoners living with HIV.   It’s the culmination of a month-long trial in a class-action lawsuit by the ACLU that put Alabama’s discriminatory and dehumanizing treatment of prisoners with HIV under a national spotlight.

Driven by stubborn prejudice and willful ignorance, Alabama has been categorically excluding prisoners with HIV from a host of rehabilitative, educational, trade skills and vocational programs—even barring those with serious mental health needs and substance abuse problems from critically important treatment programs.  Alabama houses them in HIV-only dormitories, and forces all male prisoners with HIV to wear a white wrist-band night and day—a latter-day yellow star.

There is so Much More to us Than Just Being HIV-Positive

By Dana Harley at 12:54pm

I entered a system that stated in its mission statement that I would be rehabilitated and prepared for society upon my return. That is so far from the truth. I have been subjected to a system that belittled me and literally made fun of me and my illness. There were times when I felt less than human.

I am hopeful that Judge Thompson’s decision will dramatically change the misconceptions about HIV. We are human beings and we deserve to be treated as such. It is true that I am a convicted felon and I have been sentenced to do my time, but being HIV-positive in the Alabama Department of Corrections (ADOC) system has convicted me twice.

Living with HIV in an Alabama Prison

By Albert Knox at 10:14am

In 2011, the ACLU and the ACLU of Alabama sued the Alabama Department of Corrections for discrimination against inmates living with HIV. Alabama is one of only two states, along with South Carolina, that continue to segregate inmates living with HIV in separate housing units and otherwise restrict their access to prison programs.  We are awaiting a decision. You can read more about it here.

"Like You Put A Tag On Cattle": Alabama Armband Policy for Prisoners With HIV

By Amanda Goad, LGBT Project at 1:13pm

You can’t tell by looking at someone whether he or she is living with HIV. That is, unless you catch a glimpse of a man who’s living with HIV in the state of Alabama’s prison system.

There are over 200 male prisoners living with HIV in Alabama.  The Alabama Department of Corrections requires each of them to wear a white armband at all times, making their health status obvious to other inmates, prison staff, and visitors.  The practice is a huge affront to prisoners’ privacy and confidentiality, and it’s one of several forms of discrimination against prisoners living with HIV that we’re fighting to stop in the Henderson v. Thomascase, currently on trial in federal court in Montgomery. As we’ve said before, public health authorities have been explaining since the 1980s that routine physical contact does not transmit HIV.

"Y'all Will Not Walk My Halls and Spread HIV."

By Steve Gosset, ACLU at 10:09am

For 25 years, the ACLU has been a forceful advocate to end discrimination against prisoners living with HIV. We've worked to end their segregation from the rest of the prison population and ensure they are afforded access to vital services and programs.