WASHINGTON – Yesterday, U.S. Senators Chris Coons (D-Del.), a member of the Senate Judiciary Committee, Ed Markey (D-Mass.), Tammy Baldwin (D-Wis.), Chris Murphy (D-Conn.), Bob Casey (D-Penn.), and Jeff Merkley (D-Ore.) introduced legislation aimed at helping end stigma, discrimination, and stereotypes that negatively impact Americans living with HIV/AIDS. The Repeal Existing Policies that Encourage and Allow Legal (“REPEAL”) HIV Discrimination Act of 2017 would require an interagency review of federal and state laws that criminalize certain actions by people living with HIV.
“It’s simply not fair that someone with a treatable medical condition should automatically be subjected to a different set of criminal laws,” said Senator Coons. “A disturbing number of state and local criminal laws pertaining to individuals with HIV/AIDS are rooted not in science, but in outdated fear. They run counter to effective public health strategies, discourage HIV testing, and perpetuate unfair stigma and discrimination against people living with HIV/AIDS – people who are our friends, family members, and neighbors. Rather than recognizing that HIV/AIDS is a treatable medical condition, these laws perpetuate the idea that HIV is a deadly weapon and people with HIV/AIDS are dangerous criminals. Our laws need to catch up to our science and our morals, and this bill would take an important step in that direction.”
“We should not have policies or laws on the books that discriminate, perpetuate stereotypes, or aren’t based in sound science,” said Senator Markey. “The REPEAL Act will help ensure that individuals with HIV/AIDS are not criminalized for having a treatable medical condition, and that all Americans are subject to the same set of laws.”
“Unfortunately, too many individuals living with HIV and AIDS still face stigma and discrimination despite great advances in prevention, treatment and awareness,” said Senator Baldwin. “That is why I am proud to join Senators Coons and Markey in advancing this critical measure to ensure that federal and state criminal laws are grounded in sound medical science and do not place an undue burden on individuals with HIV and AIDS. To truly break down barriers and improve access to testing, support and treatment, we must continue to fight the stigma associated with HIV/AIDS.”
“Too many state and federal laws target people living with HIV/AIDS and unfairly criminalize their actions. These laws have no basis in science and no place in our country,” said Senator Murphy. “This bill will force our nation to take a hard look at the stigmas and barriers we impose on people living with HIV/AIDS.”
“There are more than 45,000 individuals with HIV/AIDS in Pennsylvania, and I believe that we must make every effort to ensure that they are treated fairly,” said Senator Casey. “This means that laws and regulations must reflect the most up-to-date knowledge available. The REPEAL HIV Discrimination Act is a commonsense measure that will help states and communities throughout the Nation enact modern policies, that align with current knowledge. I am pleased to cosponsor this measure, and I look forward to working with my colleagues in the Senate to see it advance. ”
“Discriminating against Americans because of their HIV/AIDS status is simply wrong,” said Senator Merkley. “Our laws should never treat someone differently based on their private medical history. This bill is an important step to stop perpetuating damaging misperceptions about HIV/AIDS and to create a fairer, more just nation.”
Today, 33 states and 2 U.S. territories have criminal statutes based on outdated information about perceived exposure to HIV, rather than actual transmission. These laws often do not take into account the medical advances and scientific discoveries in the fight against HIV/AIDS. In the last decade, the Centers for Disease Control and Prevention (CDC) and the World Health Organization (WHO) have affirmed that condom use, antiretroviral drug regimens, and other prevention strategies can drastically reduce the rate of HIV transmission. However, most of these laws do not treat condom or antiretroviral use as a mitigating factor. These laws breed fear, discrimination, and distrust, and undermine our ability to fight the disease and provide care for those living with HIV. Laws that single out people with HIV for severe punishment in the absence of intentional wrong-doing and treat a positive HIV test as evidence of a crime discriminate on the basis of outdated fear and misunderstanding.
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