Latinos and HIV/AIDS 2nd Annual
Congressional Briefing |
State
AB 1334 (Swanson) – The Inmate
and Community Public Health and Safety Act
AB 1334 authorizes the distribution of
sexual barrier protection devices, including condoms, in state correctional
facilities by non-profit organizations and health agencies. It also states
that possession of such a device alone can not be considered evidence of
illegal activity.
The Latino and African American
communities are impacted by HIV/AIDS at alarming levels. Reducing the
transmission of the HIV virus in our communities requires that we stop the
spread at one of its sources. Estimates of HIV infection rates in
California prisons are 8 to 10 times higher than for the state’s general
population.
Given that African Americans and Latinos are overrepresented in our state
prisons, where they account for 87% of the total prison population,
preventing HIV in prisons is an important part of any strategy aimed at
stemming the tide of the epidemic in communities of color. It is our
responsibility to ensure inmates have the ability to protect themselves from
HIV. Doing so will improve the overall health of our communities by
reducing the likelihood of inmates becoming infected and then possibly
transmitting the virus unknowingly to their partners once they are released.
AB 66 (Dymally) – HIV Testing in
Prisons
AB 66 authorizes HIV testing in state
prisons. Testing would occur at both entry and exit from the facility and
inmates would have the ability to decline the test. This bill states that
HIV status alone can not be used to deny an inmate eligibility or access to
programs available to other inmates. Additionally, HIV positive inmates
would be linked to appropriate care and treatment.
Many inmates are unaware of their HIV
status. The HIV infection rates in state prisons are estimated to be 8 to
10 times higher than in the state’s general population.
Providing inmates with the opportunity to become aware of their HIV status
through routine testing will help to identify new infections, which is an
important step in preventing further transmission of the HIV virus.
Budget Item – Culturally &
Linguistically Appropriate HIV Testing Promotion
This augmentation to the California
State Office of AIDS would fund public education campaigns to achieve the
following goals: significantly increase early HIV testing; address social
disincentives to HIV testing in communities of color; and connect HIV
positive individuals to care and treatment.
Despite an overall decrease in new HIV
infections, communities of color continue to be impacted by HIV/AIDS at
alarmingly high rates. Insufficient access to information about HIV/AIDS,
stigma, and homophobia, all contribute to this reality. Culturally relevant
and linguistically appropriate messaging about HIV/AIDS will promote testing
and increase awareness about HIV/AIDS amongst the communities most severely
impacted by HIV/AIDS.
AB 43 (Leno) – Religious Freedom and
Civil Marriage Protection Act
AB 43 ends marriage discrimination
against lesbian, gay, bisexual and transgender couples, by returning
California’s marriage laws to gender neutral terms.
This bill would end the discrimination
of LGBT people in state marriage laws. Doing so will have numerous societal
benefits, including: promoting stable relationships and stable families;
protecting the children of LGBT couples by ensuring access to health
benefits from both parents and financial support in the event of the
couple’s separation; and extend the rights, benefits, and protections
afforded to married couples by other jurisdictions to LGBT couples.
Marriage equality is especially
important for the Latino community. In California, Latinos represent 25% of
adults in same-sex partnerships and 53% of children being raised by same-sex
parents. AB 43 ensures that these families will have the protections and
stable environment they deserve.
SB 777 (Kuehl) – Student Civil Rights
Act
The Student Civil Rights Act ensures
that students, parents, teachers, and school administrators understand their
protections by creating uniform nondiscrimination standards that are
inclusive of sexual orientation and gender identity.
Despite policies prohibiting harassment
based on discrimination in California’s schools, students report frequent
incidents motivated by their race and ethnicity, as well as actual or
perceived sexual orientation and gender identity. When these incidents
occur, school administrators are not always clear what policies they should
follow. The single non-discrimination standard proposed by SB 777 would
ensure that students receive the protection they deserve.
AB 394 (Levine) – Safe Place to Learn
Act
AB 394 requires schools and school
districts to enforce the non-discrimination and anti-harassment laws that
already exist and provides penalties for those who violate the law.
The Student Safety and Violence Prevention Act went into
effect January 1, 2000. However, despite the prohibition of bias-motivated
harassment and discrimination provided for by this law, 14.3% of students
report harassment because of their race or ethnicity, 9.1% because of their
religion, and 7.5% because of their actual or perceived sexual orientation.
AB 394 would address the issue of harassment and discrimination in schools
by requiring school districts to do each of the following things: adopt and
publicize comprehensive antidiscrimination and anitharassment policies that
include information on how to file a complaint; update all publications on
school safety, bullying, tolerance, bias-motivated behavior and hate related
violence to specifically address harassment and discrimination based on
actual or perceived sexual orientation and gender, disability, nationality,
race or ethnicity, and religion; and maintain documentation of all
complaints concerning discrimination and harassment and their resolution.
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Federal
HR 178 (Lee) – The
JUSTICE Act of 2007
The Justice for the
Unprotected against Sexually Transmitted Infections among the Confined and
Exposed Act of 2007 would allow community organizations to distribute sexual
barrier protection devices, including condoms, in federal prisons, as well
as engage in STI counseling and education. It also states that no adverse
action can be taken against a prisoner for possessing such a device.
African American and Latino
men are overrepresented in our nation’s correctional facilities. Within
their lifetime, 32% and 17%, respectively, enter either state or federal
prisons. While incarcerated, these individuals currently lack the ability
to protect themselves from sexually transmitted infections, including HIV,
which is estimated to be present in the federal prison population at rates 3
times higher than the general population. In order to keep our communities
healthy, we must ensure that inmates have access to sexual barrier
protection devices, including condoms, as well as education and counseling
about STIs and HIV.
HR 1246 (Meehan) –
Military Readiness Enhancement Act
HR 1246 repeals the “Don’t
Ask, Don’t Tell” policy and replaces it with one of nondiscrimination on the
basis of sexual orientation.
Lesbian, gay and bisexual
individuals are currently prohibited from serving openly in the United
States military and those that do serve are subjected to an environment
where anti-gay behavior is tolerated. According to a 2000 Defense
Department inspector general survey, 80% of service members had heard
derogatory speech about gays in the previous year.
Additionally, this policy has negative economic effects. The discharge of
service members under “Don’t Ask, Don’t Tell” has cost taxpayers an
estimated amount of more than a quarter of a billion dollars. People of all
sexual orientations deserve the opportunity to serve their country and to do
so without having to endure harassment or discrimination. Repealing the
current policy is in the best interest of our military, potential service
members, and our country as a whole.
Employment
Non-Discrimination Act
ENDA makes it illegal for
private and government employers, employment agencies, and labor unions to
discriminate in hiring, firing, promotion, or pay, based on an individual’s
sexual orientation or gender identity.
In most of the country,
lesbian, gay, bisexual, and transgender people lack the workplace
protections they deserve. In 34 states it is legal to fire someone because
of their sexual orientation and in 42 states it is legal to do so because of
an individual’s gender identity.
Every person has the right to work and contribute to society without fear of
discrimination or harassment. ENDA would guarantee such protection under
the law.
STOP AIDS in Prisons Act
(Waters)
This legislation makes HIV
testing available in federal prisons on an opt-out basis. It also provides
for counseling, linkage to care and treatment, and HIV education and
prevention for inmates.
Stemming the tide of the
HIV/AIDS epidemic in our country requires a commitment to identifying HIV
positive individuals, providing them with the resources they need to live a
quality life, and sharing with them the information necessary to prevent
further transmission of the HIV virus. Given the estimates of higher HIV
infection rates in our federal correctional system, it makes sense to
dedicate our resources to testing individuals for HIV in this setting.
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