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...

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).

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."

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.

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.

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.

New National AIDS Strategy Will Address Discrimination Against Those Living with HIV/AIDS

By Ian S. Thompson, ACLU Washington Legislative Office at 5:04pm

The Obama administration will unveil a first of its kind national AIDS strategy on Tuesday, which took 15 months of work to complete. In a preview in Monday’s New York Times(which has obtained an advance copy of the national strategy), the administration plans to focus most intensively on reducing the number of new annual HIV infections, which currently stands at roughly 56,000, as well as increasing the number of people receiving care and treatment.

Blood Donation Ban for Gay and Bisexual Men Under Review by HHS

By Ian S. Thompson, ACLU Washington Legislative Office at 6:54am

Late last week, the U.S. Department of Health and Human Services (HHS) provided an important status update about ongoing research studies examining the lifetime ban on blood donations from men who have ever had sex with other men since 1977.

Gay and bisexual men, intravenous drug users, people who have had sex for money and people who have tested positive for HIV disease are currently the only groups of people banned from donating blood. Gay and bisexual men are excluded regardless of their individual sexual histories or HIV risk. Despite the lifetime ban on blood donations from gay and bisexual men, other individuals who are also at increased risk for HIV disease, including people who have heterosexual sex with someone who they know to be living with HIV or people who have had sex with a commercial sex worker, are prevented from donating blood for only one year.