CDC Releases New Data on HIV Infections 2006-2009

The Centers for Disease Control and Prevention released their latest analysis of HIV infections from 2006-2009 today. The full report (pdf) is available online. This is the first time the CDC has been able to estimate HIV infections from actual HIV test data, thanks to the passage of HIV names reporting legislation which has been enacted by several states (including California) in recent years. 2009 is the most recent year for which data is available so far.

A key excerpt from the press release:

According to the new estimates, there were 48,600 new HIV infections in the United States in 2006, 56,000 in 2007, 47,800 in 2008 and 48,100 in 2009.  The multi-year incidence estimates allow for a reliable examination of trends over time.  They reveal no statistically significant change in HIV incidence overall from 2006 to 2009, with an average of 50,000 for the four-year period.  In 2009, the largest number of new infections was among white MSM (11,400), followed closely by black MSM (10,800).  Hispanic MSM (6,000) and black women (5,400) were also heavily affected.   

“While we’re encouraged that prevention efforts have helped avoid overall increases in HIV infections in the United States, and have significantly reduced new infections from the peak in the mid-1980s, we have plateaued at an unacceptably high level,” said Kevin Fenton, M.D., director of CDC’s National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention.  “Without intensified HIV prevention efforts, we are likely to face an era of rising infection rates and higher health care costs for a preventable condition that already affects more than one million people in this country.”

Some of the key take-aways from the report are:

• Overall HIV incidence in the U.S. has been relatively stable, with approximately 50,000 annual new infections

• New infections among young men who have sex with men (MSM) increased 34% between 2006 and 1009

• Young, black MSM (aged 13-29) is the only subpopulation in the U.S. to experience a statistically significant increase from 2006 through 2009
• New HIV infections increased 48% – from 4,400 in 2006 to 6,500 in 2009

• The new data confirm that HIV continues to disproportionately affect MSM of all races/ethnicities
• MSM represent 2% of the total U.S. population, but accounted for 61% all new HIV infections in 2009
• Among MSM in 2009, white MSM represented the greatest number of new HIV infections (11,400), followed closely by black MSM (10,800) and Hispanic MSM (6,000)
  

Read that line again: "MSM represent 2% of the total U.S. population, but accounted for 61% all new HIV infections in 2009." People who says HIV/AIDS is not a "gay" issue don't know what the heck they are talking about!

Black Man Perceived To Be Gay Barred From Donating Blood

Aaron Pace, a self-described effeminate straight man, was prevented from
donating blood due to his perceived sexual orientation

I have previously blogged abuut the ban on gay people from donating blood in the United States and have expressed my opinion that the ban should be lifted. The alleged rationale by the Food and Drug Administration is that a man who has had sex with another man even once since 1979 has blood which is riskier than other people's despite the fact all blood that is donated is tested by the American Red Cross for the presence of HIV antibodies and other STDs.

Now a heterosexual man named Aaron Pace, who happens to be Black and describes himself as "effeminate," has been prevented from donating blood in Gary, Indiana.

The story was first published in the Chicago Sun-Times:

“I was humiliated and embarrassed,” said Pace, 22. of Gary. “It’s not right that homeless people can give blood but homosexuals can’t. And I’m not even a homosexual.”

Pace visited Bio-Blood Components Inc. in Gary, which pays for blood and plasma donations, up to $40 a visit. But during the interview screening process, Pace said he was told he could not be a blood donor there because he “appears to be a homosexual.”

No one at Bio-Blood returned calls seeking comment, but donation centers like it, and even the American Red Cross, are still citing a nearly 30-year-old federal policy to turn away gay men from donating.

The Food and Drug Administration policy, implemented in 1983, states that men who have had sex — even once — with another man (since 1977) are not allowed to donate blood.

The policy was sparked by concerns that HIV, the virus that causes AIDS, was tainting the blood supply. And, back then, screening tests to identify HIV-positive blood had not yet been developed.

Today, all donated blood is tested for HIV, as well as for hepatitis B and C, syphilis and other infectious diseases, before it can be released to hospitals. This is why gay activists, blood centers including the American Red Cross, and even some lawmakers now claim the lifetime ban is “medically and scientifically unwarranted.”

I should repeat what the Los Angeles Times said last year in an editorial that "there were 4 known cases of HIV transmission out of 122 million units of blood donated between 1999 and 2007." Is that infinitesimal risk worth the discrimination against all gay men in the light of a nationwide blood shortage?

I wonder if Marcus Bachmann would be allowed to give blood at Bio-Blood?

Gov. Brown Signs FAIR Education Act Into Law!

Governor Jerry Brown (D-California) signed State Sen. Mark Leno's
Fair, Accurate, Inclusive and Respectful Education Act into law today

FOR IMMEDIATE RELEASEJuly 14, 2011

CONTACT: Rebekah Orr, Equality California
PHONE: 415-498-0847 EMAIL: rebekah@eqca.org 

CONTACT: Jill Marcellus, Gay-Straight Alliance Network
PHONE 516-313-9659 EMAIL: jill@gsanetwork.orgCONTACT: Ali Bay, Office of Senator Mark Leno
PHONE 916-651-4003 EMAIL: ali.bay@sen.ca.gov

Governor Signs Landmark LGBT Education BillLegislation sponsored by Equality California and Gay-Straight Alliance Network aims to end LGBT history exclusion in education and to promote school safety

Sacramento – Governor Jerry Brown has signed a bill that will fairly and accurately portray the lesbian, gay, bisexual and transgender (LGBT) civil rights movement and the historic contributions of the diverse LGBT community in social science instruction. The Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (SB 48), by including fair and accurate information about the rich and diverse history of LGBT people in instructional materials, will enrich the learning experiences of all students and promote an atmosphere of safety and respect in California schools. SB 48 was authored by Senator Mark Leno (D-San Francisco) and co-sponsored by Equality California and Gay-Straight Alliance Network.

Studies have shown that inclusion of LGBT people in instructional materials is linked to greater student safety and lower rates of bullying.  In schools where the contributions of the LGBT community are included in educational instruction, bullying declined by over half and LGBT students were more likely to feel they have an opportunity to make positive contributions at school. 

“Today marks a monumental victory for the LGBT civil rights movement as the contributions of diverse LGBT community will no longer be erased from history,” said Equality California Executive Director Roland Palencia. “Thanks to the FAIR Education Act, California students, particularly LGBT youth, will find new hope and inspiration and experience a more welcoming learning environment that will embrace them.”

Palencia added, “For decades, LGBT leaders have worked tirelessly to improve the quality of life for all Californians. LGBT leaders were involved in the Civil Rights Movement of the 1960s, the farm workers’ movement, the women’s movement, have built health and human services institutions that now serve millions of Californians, and have contributed to the economic development of our state. We are truly grateful for the courageous leadership of Senator Leno, the LGBT Caucus, allied lawmakers, our members, and the entire LGBT community for making history and for promoting safety in our schools as students learn about our rich legacy.”

The FAIR Education Act will bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools.

“I am awed and humbled to be part of this historic moment.  Today, we've written the latest chapter in the LGBT civil rights movement -- one that will now be presented fairly and accurately in California schools,” said Carolyn Laub, Executive Director of Gay-Straight Alliance Network. “By signing the FAIR Education Act and ending the exclusion of the LGBT community from instructional materials, Governor Brown has realized the hopes of youth who have been fighting for safe and inclusive schools, where all students learn about our history and gain respect for each other’s differences as a result.  This is a part of the American story that we can be proud to know all students will learn.”

“Today we are making history in California by ensuring that our textbooks and instructional materials no longer exclude the contributions of LGBT Americans,” said Senator Leno “Denying LGBT people their rightful place in history gives our young people an inaccurate and incomplete view of the world around them. I am pleased Governor Brown signed the FAIR Education Act and I thank him for recognizing that the LGBT community, its accomplishments and its ongoing efforts for first-class citizenship are important components of California’s history.”

“There is no room for discrimination of any kind in our classrooms, our communities or our state,” said Dean E. Vogel, president of the California Teachers Association.  “We believe that curricula should address the common values of the society, promote respect for diversity and cooperation, and prepare students to compete in, and cope with a complex and rapidly evolving society.  SB 48 does that by helping to ensure that curricular materials include the contributions of persons with disabilities, lesbian, gay, bisexual, and transgender Americans to the development of California and United States.”
Among the diverse supporters of the FAIR Education Act include: Adolescent Health Working Group, American Federation of State, County and Municipal Employees, Anti-Defamation League, Arc and United Cerebral Palsy in California, Asian Americans for Civil Rights & Equality, Asian/Pacific Islander Youth Promoting Advocacy & Leadership, California Language Teachers Association, California Psychological Association, California Teachers Association, California Faith for Equality, Californians for Disability Rights, Inc., City of Oakland, City of West Hollywood, Disability Rights California, Lieutenant Governor Gavin Newsom, Los Angeles Unified School District, Public Advocates, San Francisco Unified School District, Transgender Law Center, California Church IMPACT, Our Family Coalition, National Center for Lesbian Rights, Fresno County Democratic Central Committee, San Joaquin Valley Democratic Club, The Trevor Project, School for Integrated Academics & Technologies, and the Mexican American Legal Defense Fund.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org
Gay-Straight Alliance Network (GSA Network) is a national youth leadership organization that empowers youth activists to fight homophobia and transphobia in schools by training student leaders and supporting student-led Gay-Straight Alliance clubs throughout the country. In California alone, GSA Network has brought GSA clubs to 56% of public high schools, impacting more than 1.1 million students at 850 schools. GSA Network's youth advocates have played a key role in changing laws and policies that impact youth at the local and state level. GSA Network operates the National Association of GSA Networks, which unites more than 30 statewide networks of GSA clubs throughout the country. GSA Network is also the founder of the Make It Better Project, which aims to stop bullying and prevent suicide. www.gsanetwork.org  

-30-

CA Legislature Passes LGBT Education Bill

Equality California
FOR IMMEDIATE RELEASE
July 5, 2011

CONTACT: Jorge Amaro, Equality California
PHONE: 562-964-3591 EMAIL: jorge@eqca.org

CONTACT: Jill Marcellus, Gay-Straight Alliance Network
PHONE 516-313-9659 EMAIL: jill@gsanetwork.org
 
State Assembly Passes Landmark LGBT Education Bill

Legislation sponsored by Equality California and Gay-Straight Alliance Network aims to end LGBT history exclusion in education and to promote school safety

Sacramento -- Today, the California State Assembly in a 49-25 vote passed a bill that would require schools to fairly and accurately portray the lesbian, gay, bisexual and transgender (LGBT) civil rights movement and the historic contributions of the diverse LGBT community in social science instruction. The Fair, Accurate, Inclusive, and Respectful (FAIR) Education Act (SB 48), authored by Senator Mark Leno (D-San Francisco), would also add sexual orientation and gender identity to the state's existing anti-discrimination protections that prohibit bias in school activities, instruction and instructional materials.

Studies have shown that inclusion of LGBT people in instructional materials is linked to greater student safety and lower rates of bullying. The bill is co-sponsored by Equality California and Gay-Straight Alliance Network. 

"The struggle of the multicultural and multiethnic LGBT community in California is one of the greatest stories yet to be told," said Equality California Executive Director Roland Palencia. "The FAIR Education Act will ensure that public schools acknowledge the heroism of individuals and communities who in spite of countless barriers continuously overcome adversity."

Palencia added, "For decades, LGBT leaders have worked tirelessly to improve the quality of life for all Californians. LGBT leaders were heavily involved in the Civil Rights Movement of the 1960s, the farm workers' movement, the women's movement, and have built health and human services institutions that now serve millions of Californians. It is time for history to accurately depict our community's contributions."

The FAIR Education Act would bring classroom instruction into alignment with existing non-discrimination laws in California and would add the LGBT community to the existing list of underrepresented cultural and ethnic groups, which are covered by current law related to inclusion in textbooks and other instructional materials in schools. By including fair and accurate information about the rich and diverse history of LGBT people in instructional materials, SB 48 will enrich the learning experiences of all students and promote an atmosphere of safety and respect in California schools.

"This is a victory not only for the LGBT youth in California who have been fighting to be heard in Sacramento and represented in their history classes, but also for all California youth who deserve to learn a fair and accurate account of California and US history," said Carolyn Laub, Executive Director of Gay-Straight Alliance Network. "By passing the FAIR Education Act, the Assembly has taken an unprecedented step to reduce bullying, increase safety for all students, and teach students to respect each other's differences."

"We are selectively censoring history when we exclude LGBT Americans, or any other group of people, from our textbooks and instructional materials," said Senator Mark Leno (D-San Francisco). "We can't tell our youth that it's OK to be yourself and expect them to treat their peers with dignity and respect when we deliberately deny them accurate information about the historical contributions of Americans who happened to be LGBT."

The bill now heads to the Governor's desk.

Equality California (EQCA) is the largest statewide lesbian, gay, bisexual, and transgender rights advocacy organization in California. Over the past decade, Equality California has strategically moved California from a state with extremely limited legal protections for LGBT individuals to a state with some of the most comprehensive civil rights protections in the nation. Equality California has passed more than 70 pieces of legislation and continues to advance equality through legislative advocacy, electoral work, public education and community empowerment.www.eqca.org

Gay-Straight Alliance Network (GSA Network) is a national youth leadership organization that empowers youth activists to fight homophobia and transphobia in schools by training student leaders and supporting student-led Gay-Straight Alliance clubs throughout the country. In California alone, GSA Network has brought GSA clubs to 56% of public high schools, impacting more than 1.1 million students at 850 schools. GSA Network's youth advocates have played a key role in changing laws and policies that impact youth at the local and state level. GSA Network operates the National Association of GSA Networks, which unites more than 30 statewide networks of GSA clubs throughout the country. GSA Network is also the founder of the Make It Better Project, which aims to stop bullying and prevent suicide. www.gsanetwork.org   

US Applies Crack Sentencing Reform Retroactively

News you might have missed over the weekend: The U.S. Sentencing Commission has decided (unanimously!) to follow the lead of Congressional action in reducing the penalty disparity between powder cocaine and crack cocaine from 100:1 to 18:1 (still not what it should be which is 1:1) and apply these lesser penalties retroactively to (primarily Black and Brown) people who are currently serving excessive time in jail for crimes involving crack:

The Los Angeles Times has the story:

About 12,000 federal prisoners nationwide may soon be going home, some as much as three years early, under a U.S. Sentencing Commission decision to allow retroactive reductions in prison terms for inmates convicted of crack cocaine offenses.
The commission voted unanimously Thursday to bring "unfairly long sentences" for crack offenders, mostly African Americans, more in line with the shorter terms given to powder cocaine offenders, often white and sometimes affluent.

Patti B. Saris, the panel's chairwoman, said that when Congress passed the Fair Sentencing Act last year, it "recognized the fundamental unfairness of federal cocaine sentencing policy," and the commission sought to bridge the disparity between the two prison sentences.
"Justice demands this result," added Ketanji Brown Jackson, the commission's vice chairman.
When the reductions go into effect in November, the average crack sentence will be cut by about 37 months, and the federal Bureau of Prisoners said the reductions could save more than $200 million in the next five years. Nearly 6% of the federal inmate population would be released.
The reductions are not automatic. Prisoners must file a petition, and will be required to show they are no longer a risk to society. Inmates who used weapons in their crimes or have lengthy criminal histories may not be eligible.
The commission's mail, about 43,500 letters and emails, ran overwhelmingly in favor of the reductions. The Sentencing Project, a Washington group that pushes for reform in sentencing laws, also strongly encouraged approval of the reductions.
Kara Gotsch, director of advocacy for the Sentencing Project, said the panel's vote "confirms that fairness and equal treatment under the law are fundamental principles of our criminal justice system."
But Republicans, most notably Rep. Lamar Smith of Texas, chairman of the House Judiciary Committee, opposed the reductions. He had lobbied the commission not to grant the early releases, warning it "merely gets criminals back into action faster."

Good ol' boy Lamar Smith of Texas, always willing to stand up and demonstrate why people should never vote for Republicans. Thanks!

The main take-away is that this move is a move in the right direction towards adding some sanity to what is our insane "War on drugs" public policy.

Why NY Marriage Equality Matters

The Williams Institute at UCLA School of Law has issued a press release detailing whay marriage equality is so important to achieve in New York state:

FOR IMMEDIATE RELEASE

CONTACT:
Gary J. Gates, PhD
Williams Distinguished Scholar, Williams Institute, UCLA School of Law
(310) 825-1868 (office), (202) 257-6400 (cell)
Cathy Renna, 917-757-6123, cathy@rennacommunications.com

EXTENDING MARRIAGE TO SAME-SEX COUPLES IN NEW YORK WILL IMPACT OVER 42,000 COUPLES RAISING 14,000 CHILDREN IN THE STATE; DOUBLE PERCENTAGE OF U.S. POPULATION LIVING IN STATES THAT ALLOW SAME-SEX COUPLES TO MARRY

Los Angeles, CA - June 15, 2011 - As the New York legislature approaches a vote on the legalization of marriage for same-sex couples, The Williams Institute, a leading think tank in the field of law and public policy relating to sexual orientation and gender identity, released the following statistics to illustrate the potential impact of the bill’s passage.

●     There are an estimated 42,600 same-sex couples in New York (Source: 2009 American Community Survey), of whom 21% (nearly 9,000) are already legally married (Source: Williams Institute/Harris Interactive Same-sex Couple Survey, 2010)
●     Approximately 7,200 same-sex couples in New York are raising about 14,000 children (Source: 2008/2009 American Community Survey)
●     If New  York extends marriage to same-sex couples, the percentage of the U.S.’ population living in a state that allows same-sex couples to marry will more than double, from 5.1% to 11.4%. (Source: Census 2010)
●     Similarly, the percentage of same-sex couples living in states that allow them to marry will more than double, from 6.9% to 14.3% (Source: 2009 American Community Survey)
●     An estimated 38% of same-sex couples living in states that allow them to marry are currently married, compared to 12% in states that do not allow same-sex couples to marry (Source: Williams Institute/Harris Interactive Same-sex Couple Survey, 2010)

Earlier information on same-sex couples in New York, from the 2000 Census, is available at the link below:

http://www3.law.ucla.edu/williamsinstitute/publications/NYCCensusSnapshot_FINAL.pdf

The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy advances law and public policy through rigorous, independent research and scholarship, and disseminates its work through a variety of education programs and media to judges, legislators, lawyers, other policy makers, and the public. For more information, please visit www.law.ucla.edu/williamsinstitute.

Graph Showing Obama's Positive Impact on Economy

Barack Obama became President of the United States on January 20, 2009. Ever since he took office the economy has improved, with average number of jobs gained or lost entering positive territory in 2010.

Daily Kos posted this graphic earlier this week, and explained:

Let's start with the recovery act. In the 27 months since President Obama signed it into law, we've lost 1.3 million private sector jobs and 1.8 million overall.

Those are terrible numbers, but in the 27 months before the stimulus, we were losing private sector jobs more than three times as quickly. During that stretch, we lost 4.5 million jobs in the private sector jobs and 4.1 million jobs overall. (The reason we lost more private sector jobs than jobs overall is that public sector hiring went up by nearly one-half million. Under Obama, we've lost a half-million government jobs, an ironic fact given the false Republican claim that government hiring has increased.)

As you can see in the chart at the top of the post, as bad as the jobs picture was in 2009, it was even worse in 2008, and things have turned around in 2010 and 2011 with job growth stronger than it was in 2007. Moreover, we've now had sixteen straight months of private sector job gains.

With unemployment still at 9.1%, economic growth is obviously still way below where anybody wants it to be, but to the extent the administration has fallen short, it's that they've soft-pedaled the need for more stimulus funds to accelerate the recovery beyond its current pace.

And the fact remains that unlike Bush and the Republicans who wrecked the economy in the first place, Obama and the Democrats haven't made things worse. They've made things better.

I understand people being impatient about the economy, but considering voting for a Republican, who will only make things worse, not better, why?

SHOCKER! Alabama Passes Racist Immigration Law

Following up on the controversial passage of Arizona's SB 1070 last year and Republican's assuming control of state houses after the midterm elections, several states have attempted to pass even stricter legislation to "regulate immigration." On Thursday, Alabama's Republican governor Robert Bentley signed what he promises is the nation's toughest anti-immigration law.

The PBS News Hour described some of the more prominent provisions:

In addition to allowing law enforcement officers to arrest and detain anyone they suspect of being in the country illegally, Alabama’s measure introduces new rules for educators, would-be landlords, and businesses.


"This signals real momentum on the side of immigration hawks," said Mark Krikorian, executive director of the Center for Immigration Studies, a think tank in favor of stricter enforcement. Among the provisions of the new law:

• Public schools will have to confirm students’ legal residency status through birth certificates or sworn affidavits.
• Illegal immigrants are banned from attending state colleges. 
• Transporting, harboring, or renting property to undocumented immigrants will be illegal.

The housing aspect is one that Ali Noorani of the immigrant-rights group the National Immigration Forum finds troubling: “This is of special concern to mixed status families – children could be arrested for transporting their undocumented parents, for example. It can also impact churches who are ‘transporting’ immigrants to church or are providing any services that may be considered as ‘harboring.'"

Georgia and Utah have also passed anti-immigration laws this year. Utah's law has already been enjoined in court. Arizona's SB 1070 has also been enjoined and has been appealed to the United States Supreme Court.

Alabama's Latino population has doubled to a high of 3.9% from 2000 to 2010. I wonder how many white people will be arrested by Alabama police in order to have their immigration status tested?

Today is 30th Anniversary of AIDS

This weekend is the 30th anniversary of the discovery of what became known as AIDS in Los Angeles, CA in June 1981. The Black AIDS Institute says "30 years is enuf!"

Ha/tip to LGBTPOV

VERMONT: Democrats Enact Single-Payer Health Care!

Peter Shumlin is the Democratic Governor of Vermont

Thanks to the Affordable Care Act, individual states have the opportunity to enact their own health care reform policies which suit each individual state. In Vermont, Democrats control the state legislature and the governorship for the first time in a long time. When Republicans gain legislative control they use their power for evil, in Minnesota (putting an anti-gay marriage constitutional amendment on the 2012 ballot), in Wisconsin and Michigan (to eviscerate unions and disempower working families), in Ohio and Florida (disenfranchise elderly and minority voters) and in South Carolina and Tennessee (legislatively bully LGBT citizens and deny them equal access to constitutional rights).

Democrats, however, use their power for good, like in Vermont where they are ensuring that all state citizens will have access to health care.

Amy Goodman of TruthDig reports:

Vermont hired Harvard economist William Hsiao to come up with three alternatives to the current system. The single-payer system, Hsiao wrote, “will produce savings of 24.3 percent of total health expenditure between 2015 and 2024.” An analysis by Don McCanne, M.D., of Physicians for a National Health Program pointed out that “these plans would cover everyone without any increase in spending since the single payer efficiencies would be enough to pay for those currently uninsured or underinsured. So this is the really good news—single payer works.”

Vermont Gov. Peter Shumlin explained to me his intention to sign the bill into law: “Here’s our challenge. Our premiums go up 10, 15, 20 percent a year. This is true in the rest of the country as well. They are killing small business. They’re killing middle class Americans, who have been kicked in the teeth over the last several years. What our plan will do is create a single pool, get the insurance company profits, the pharmaceutical company profits, the other folks that are mining the system to make a lot of money on the backs of our illnesses, and ensure that we’re using those dollars to make Vermonters healthy.”

Governor Peter Shumlin did indeed sign the bill into law. 1 state down, 49 to go. California also has a single-payer health care bill pending in the legislature. MadProfessah has endorsed this legislation.

HIV Treatment *IS* HIV Prevention

There's an interesting twist to the news that HIV+ people on anti-retroviral medication have surprisingly low chances of passing the virus on to their sexual partners in this weekend's New York Times column by Charles Blow.

Blow makes the point that the AIDS Drug Assistance Program (ADAP) has been a victim of both state and federal budget cutting and points out the long-term fiscal irresponsibility of such actions.

According to data from the ADAP Advocacy Association: as of last week, the number of people on ADAP waiting lists had risen to 7,873; between April 2009 and April 2011, 14 states reduced the number and types of drugs they would pay for. A number of states have stiffened financial eligibility requirements, capped enrollment or removed some people already enrolled. Other states are considering doing so.


This is particularly problematic since the National ADAP Monitoring Project’s annual report, released in March, showed that those most dependent on the program are some of society’s most vulnerable. About a third of all people diagnosed with AIDS are enrolled in ADAPs, three-quarters of them had incomes of less than 200 percent of the national poverty level, 61 percent were uninsured, and 55 percent were black or Hispanic.


But as the recession put more patients in need, federal and state aid didn’t keep track. From 2007 to 2010, the number of people using ADAPs jumped by a third, but federal and state funds specifically appropriated for it grew by just 3 percent and 18 percent, respectively.


Not only is it morally reprehensible to restrict or deny life-saving drugs to those who need them (talk about death panels), it is a colossal miscalculation of public health policy, not to mention fiscally irresponsible.


The new findings should help change a paradigm that’s badly in need of changing. Treatment benefits the healthy as well as the sick. It not only prolongs and improves the lives of those who are H.I.V.-positive, but also is a prophylactic for those who aren’t. Everyone wins.


It’s time to expand ADAPs, not diminish them.

It's just amazing how we spend health care dollars in this country. It simply is not rational to be cutting funds for  prevention of any disease, especially when prevention is always cheaper than treatment. In the case of HIV, treatment can also improve prevention of future infections so it should be a no-brainer to increase, not decrease such expenditures. Unless you live in Mississippi, of course.

Majority Supports Path To Citizenship For Undocumented Immigrants

Matt Yglesisas posts this graphic demonstrating the results of a  poll which says that a majority of the public supports President Obama's position on immigration reform: we should include a path to citizenship for people who are living in the United States right now without the required legal documentation to work or immigrate. (This is what Republican conservatives like to call "amnesty.") Note that even staunch conservatives are split evenly on the question "Do you favor or oppose providing a way for illegal immigrants currently in the country to gain legal citizenship if they pass background checks, pay fines and have jobs?"

On a related note, Arizona is appealing it's illegal scheme to attempt to regulate immigration (better known as SB 1070) to the United States Supreme Court. Every federal court that has looked at SB 1070 has ruled it unconstitutional so far.

This Idiot Thinks Homosexuality Is Illegal In Montana

State Representative Ken Peterson (R-MT)

There's been some very anti-gay legislation popping up in Montana recently and a lot of it is either propagated or facilitated by Representative Ken Peterson, a conservative Mormon Republican who controversially chairs the Judiciary Committee. The Montana legislature has (unsuccessfully) attempted to ban local municipalities from enacting local LGBT equality ordinances and refused to remove Montana's legally unenforceable sodomy law from the statute books.

As Zack Ford reports at Think Progress' Wonk Room, Rep. Peterson thinks that "homosexuality is still a crime in Montana":

Peterson argues there are still at least two prosecutable offenses: 1) The “recruitment” of non-gays and 2) public displays of same-sex affection:

— Homosexuals can’t go out into the heterosexual community and try to recruit people, or try to enlist them in homosexual acts. ‘Here, young man, your hormones are raging. Let’s go in this bedroom, and we’ll engage in some homosexual acts. You’ll find you like it.’
— In my mind, if they were engaging in acts in public that could be construed as homosexual, it would violate that statute. It has to be more than affection. It has to be overt homosexual acts of some kind or another… If kissing goes to that extent, yes. If it’s more than that, yes.

Zack goes on to detail the multiple ways in which such views, if reflected in actual public policy, would violate the Constitution (First Amendment, multiple Supreme Court decisions such as Lawrence v Texas and Romer v Evans).

Lawrence ruled all sodomy laws unconstitutional so whether or not Montana or Kansas or other states repeal their extant sodomy laws, any prosecutions (or persecutions) based on those statutes would be thrown out by a court instantaneously. Romer said that laws based primarily on animus (against the LGB community) are presumptively unconstitutional, so the idea that "homosexuality" can be criminalized directly violates these legal principles.

It seems to me one should test Rep. Peterson's resolve and have a KISS-IN in Missoula, Montana. Any takers?

Sen. Kerry And 10 Others Send Letter Urging Immigration Equality

FOR IMMEDIATE RELEASE:  April 6, 2011

CONTACT: Whitney Smith (202) 224-4159   

Kerry Leads Fight for LGBT Immigration Equality

WASHINGTON, D.C.– Senator John Kerry (D-Mass.) today led 11 colleagues in a letter to Attorney General Eric Holder and Secretary of Homeland Security Janet Napolitano urging immigration equality for legally married same-sex couples who are currently discriminated against under the Defense of Marriage Act (DOMA).

“We applaud the President’s decision to no longer defend the Defense of Marriage Act in federal court,” the Senators wrote. “With DOMA as law, however, we are creating a tier of second-class families in states that have authorized same-sex marriage. The same second-class status is imposed upon marriages between same-sex partners in which one spouse is not a U.S. citizen. We urge you to reconsider this position in light of the administration’s position that it will no longer defend DOMA in federal court.”

“Immigration Equality, and the families we represent, are enormously grateful to Senator Kerry and his colleagues for calling on the Administration to keep our families together,” said Rachel B. Tiven, executive director of Immigration Equality, a national organization that works to end discrimination in U.S. immigration law.  “Unless USCIS changes course, real families will be impacted, and American citizens will be separated from their loved ones.  Maintaining the status quo for these families will mean forcing them apart, or into exile.  We call on USCIS to heed the advice of Senator Kerry, and the other signatories on today’s letter, and allow these loving, committed couples to remain together.”

In light of the Obama Administration’s decision to stop defending DOMA in federal court, the Senators urged:

• The Department of Homeland Security (DHS) to hold marriage-based immigration petitions in abeyance pending a legislative repeal or a final determination on DOMA litigation. 

• DHS to exercise prosecutorial discretion in commencing and prosecuting removal proceedings against married noncitizens that would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA. 

• The Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA.

The full text of the letter is below:

April 6, 2011

The Honorable Eric Holder                                         The Honorable Janet Napolitano
Attorney General                                                        Secretary
Department of Justice                                                 Department of Homeland Security
Washington, DC 20520                                              Washington, DC 20393

Dear Mr. Attorney General and Madam Secretary: 

We applaud the President’s decision to no longer defend the Defense of Marriage Act (DOMA) in federal court.  The law discriminates against a class of Americans, raising fundamental questions of over basic civil rights.  However, the administration is still enforcing DOMA, because it is the law of the land. 

Five states plus the District of Columbia, have granted same-sex couples the right to get married.  With DOMA as law, however, we are creating a tier of second-class families in these states that have authorized same-sex marriage. 

The same second-class status is imposed upon marriages between same-sex partners in which one spouse is not a U.S. citizen.  The new administration policy has created confusion and uncertainty in the immigration context.  In recent days, the administration issued conflicting statements about how it will consider immigration petitions from same-sex married couples seeking immigration benefits for a non-citizen spouse.  As of March 30, 2011, U.S. Citizenship and Immigration Services clarified that marriage-based petitions will be considered under current law, with DOMA preventing recognition of otherwise-valid and lawful same-sex marriages. 

We urge you to reconsider this position in light of the administration’s position that it will no longer defend DOMA in federal court. Specifically, we ask the Department of Homeland Security (DHS) to hold marriage-based immigration petitions in abeyance pending a legislative repeal or a final determination on DOMA litigation.  In addition, we ask DHS to exercise prosecutorial discretion in commencing and prosecuting removal proceedings against married noncitizens that would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA.  We also call upon the Department of Justice to institute a moratorium on orders of removal issued by the immigration courts to married foreign nationals who would be otherwise eligible to adjust their status to lawful permanent resident but for DOMA.

Preserving family unity is a fundamental American value and is also the cornerstone of our nation’s immigration law.  Thank you for your consideration of this request. 

Sincerely,

John Kerry                              Patrick Leahy                          Barbara Boxer

United States Senator             United States Senator             United States Senator

Ron Wyden                             Christopher Coons                  Jeff Merkley

United States Senator             United States Senator             United States Senator

Kirsten Gillibrand                   Sherrod Brown                       Daniel Akaka

United States Senator             United States Senator             United States Senator

Daniel Inouye                         Sheldon Whitehouse               Frank Lautenberg

United States Senator             United States Senator             United States Senator