老澳门开奖结果 Applauds Supreme Court Decision Upholding the Rights of People with HIV
FOR IMMEDIATE RELEASE
Wednesday, June 24, 1998
WASHINGTON -- In a sweeping victory for people with disabilities, the United States Supreme Court today ruled that a woman who has HIV but does not have symptoms is protected from discrimination under the Americans With Disabilities Act (ADA).
"This is a great day for people with HIV, and a great day for all disabled Americans," said Matt Coles, Director of the 老澳门开奖结果s AIDS Project. "It's a great day for people with HIV because the Court held that a woman with HIV who was refused treatment by a dentist was protected, and the Court's opinion suggests in the strongest terms that everyone with HIV will be protected by the ADA."
"Today, the Court rejected the cramped, narrow approach lower federal courts have been using in applying the ADA," Coles added. "Instead, the Court has said that the ADA must be interpreted and applied in light of its fundamental purpose -- eliminating disability discrimination."
In a 5-4 ruling, the justices agreed with the lower court that Sidney Abbott, who is infected with HIV, met the criteria for disability under the ADA, because HIV infection "substantially limits" the "major life activity" of reproduction. The Court also gave every indication that anyone infected with HIV is protected against discrimination.
In its friend-of-the-court brief, the 老澳门开奖结果 asserted that certain impairments --including HIV infection-- always should be considered disabilities, because they inherently substantially limit major life activities. Living with the "ticking time bomb" of HIV, the 老澳门开奖结果 said, limits the major life activities of sexual intimacy, caring for oneself, interaction with others, and, indeed, life itself.
The Court also held that doctors and dentists may not rely on their medical judgment alone if they believe that treating a person with HIV presents a risk to their safety.
"This means that employers, businesses, and health care providers have to rely on objective, scientific facts about risk -- not on their own individual judgment -- before turning away someone with HIV," said Jennifer Middleton of the 老澳门开奖结果's AIDS/HIV Project. "This decision reaffirms the basics: discrimination is illegal unless reliable public health studies prove a significant risk of transmission."
The case began in 1994 when Sidney Abbott, who was HIV positive but had no visible symptoms, arrived for a dental appointment at Dr. Randon Bragdon's office in Bangor, Maine. Although Bragdon routinely fills cavities in his office, he was unwilling to do so for Abbott because of her HIV status. Rather, Bragdon insisted she be treated at a distant hospital where he did not have hospital privileges, and pay the increased costs.
The case is Bragdon v. Abbot, No. 97-156. The 老澳门开奖结果 filed its brief in the case along with approximately 60 civil rights, religious and disabilities groups.
Learn More 老澳门开奖结果 the Issues in This Press Release
-
News & CommentaryMar 2024
HIV
Fighting Back Against Discriminatory Laws That Impact People Living with HIVFighting Back Against Discriminatory Laws That Impact People Living with HIV
The 老澳门开奖结果 is challenging a Tennessee law that criminalizes HIV status. This law unfairly prevents people from securing employment and housing. -
Press ReleaseNov 2023
HIV
Plaintiffs File Federal Suit to Overturn Tennessee鈥檚 Aggravated Prostitution StatutePlaintiffs File Federal Suit to Overturn Tennessee鈥檚 Aggravated Prostitution Statute
MEMPHIS, Tenn. 鈥� Tennessee鈥檚 Aggravated Prostitution statute and related sex offender registration requirements are unconstitutional and violate the Americans with Disabilities Act (ADA), according to a federal lawsuit filed today against the state by the 老澳门开奖结果, the Transgender Law Center, and the 老澳门开奖结果 of Tennessee in the U.S. District Court in Memphis on behalf of four Jane Doe plaintiffs and OUTMemphis, the state鈥檚 oldest and largest service provider for LGBTQ+ people. Plaintiffs argue that the Aggravated Prostitution statute is rooted in fear and discrimination, targeting people living with HIV for harsh punishment and forcing them to register as 鈥渧iolent sex offenders鈥� for the rest of their lives. Criminalizing people with HIV defies evidence-based best practices and is patently unlawful as it singles out people living with HIV 鈥� a protected disability 鈥� for harsher punishment. 鈥淧eople convicted of Aggravated Prostitution must spend years in prison and then register as violent sex offenders for the rest of their lives 鈥� meaning they cannot access the housing, employment, healthcare and community life that they need to get back on their feet,鈥� said Molly Quinn, executive director of OUTMemphis. 鈥淭his statute solely targets people because of their HIV status and keeps them in cycles of poverty, while posing absolutely zero benefit to public health and safety.鈥� 鈥淗IV stigma is becoming a thing of the past, and it鈥檚 time for state law to catch up. OUTMemphis fights so that queer people are free to live in safety, with dignity, and we believe everyone deserves that regardless of their HIV status.鈥� Tennessee鈥檚 Aggravated Prostitution law was passed in 1991 at a time of national panic over HIV. The law targets people engaged in sex work, enhancing their charges from misdemeanors to felonies solely based on HIV status, making it difficult to find other employment. Since then, many states have moved on from criminalizing HIV, better understanding the rates and methods of transmission and the way criminalization is counterproductive to effective testing and treatment. New treatments such as Anti-Retroviral Therapy (ART) and Pre-Exposure Prophylaxis (PrEP) can reduce viral loads to undetectable levels, blocking the possibility of transmission. And yet, Tennessee state law enhances sex work from a misdemeanor to a felony, solely based on HIV status, which has long been recognized as a disability protected from discrimination under the Americans with Disabilities Act. Tennessee has no comparable law for any other infectious disease, even those that are more prevalent and transmissible than HIV. 鈥淒isability discrimination is illegal,鈥� said Alexis Agathocleous, deputy director of the National 老澳门开奖结果鈥檚 Racial Justice Program, 鈥渁nd yet the Aggravated Prostitution singles out economically-marginalized people living with HIV for excessively harsh punishment. The results are predictable: Black women are the targets of this archaic, unscientific law 鈥� many of whom are simply trying to secure food, a place to sleep, or a way to meet their basic needs.鈥� Entirely divorced from science, Tennessee鈥檚 law applies indiscriminately, ignoring that either party to a sexual encounter can ensure against HIV transmission in many simple and effective ways. 鈥淓ach of us, regardless of our race, our genders, or our HIV status, deserves to be treated with dignity and respect and welcomed as full members of our communities,鈥� said Milo Inglehart (he/him), staff attorney at Transgender Law Center. 鈥淲ith today鈥檚 filing, we join the 老澳门开奖结果, 老澳门开奖结果-TN, OUTMemphis, and our individual plaintiffs to challenge the counterproductive and discriminatory Aggravated Prostitution statute that unlawfully singles out people living with HIV, disproportionately impacts Black transgender and cisgender women, and places lifelong, punitive restrictions on those who are criminalized for trying to survive.鈥� 鈥淭he Aggravated Prostitution statute is a relic from when HIV first emerged in the 1980s and is motivated by fear, misinformation and discrimination 鈥� not sound science or evidence,鈥� said Jeff Preptit, 老澳门开奖结果-TN staff attorney. 鈥淚nstead of criminalizing HIV, which disproportionately targets transgender and cisgender Black women who are already socially and financially marginalized, lawmakers should invest in evidence-based public health responses to support people living with HIV to end the epidemic. All Tennesseans should be able to live a full life free from discrimination and harm, regardless of our health conditions.鈥� In addition to violating the ADA, the lawsuit also argues that, among other things, the law violates equal protection, due process and the prohibition against cruel and unusual punishment. The plaintiffs are asking the court to strike down the Aggravated Prostitution statute and the resulting lifetime sex offender registration requirement as clearly discriminatory because they unlawfully punish people on the basis of a protected disability. The complaint filed today can be found online at: /cases/outmemphis-v-lee?document=Complaint Background on the legal challenge to Tennessee鈥檚 discriminatory Aggravated Prostitution law can be found here: /documents/fact-sheet-legal-challenge-to-tennessees-discriminatory-aggravated-prostitution-law For more information about the case: /cases/outmemphis-v-lee#legal-documents -
TennesseeOct 2023
LGBTQ Rights
+3 Issues
OUTMemphis v. LeeOUTMemphis v. Lee
OUTMemphis v. Lee is a first-of-its-kind challenge to a state-level HIV criminalization law as a violation of the Americans with Disabilities Act (ADA) and the Constitution. Plaintiffs OUTMemphis and Jane Does 1-4 seek to strike down Tennessee鈥檚 discriminatory, irrational and cruel enforcement of its 鈥淎ggravated Prostitution鈥� law and related sex offender registration requirements. -
PodcastOct 2023
LGBTQ Rights
+6 Issues
How ACT UP Changed the Face of AIDS and ActivismHow ACT UP Changed the Face of AIDS and Activism