DEMOCRATIC LAWMAKERS IN CALIFORNIA ARE LOOKING TO PASS
LEGISLATION THAT WOULD ROLLBACK PENALTIES FOR PEOPLE WHO
HAVE HIV OR AIDS, AND KNOWINGLY TRANSMITTED IT TO OTHER PEOPLE.
ON ITS FACE, THIS SOUNDS LIKE A VERY BAD IDEA, ESPECIALLY
WHEN YOU CONSIDER THAT KNOWINGLY TRANSMITTING THE VIRUS IS A
FELONY.
THEY WANT TO ROLL IT BACK TO A MISDEMEANOR.
SO, UNDER THE NEWLY INTRODUCED SENATE BILL 239,
INTENTIONALLY TRANSMITTING ANY INFECTIOUS OR COMMUTABLE
DISEASE, INCLUDING HIV, WOULD BE A MISDEMEANOR, NOT A FELONY.
THE THINKING BEHIND THIS IS, WHY DO WE HAVE A DOUBLE STANDARD?
WHEN IT COMES TO OTHER SEXUALLY FROM ñ
OTHER SEXUALLY TRANSMITTED DISEASES, IT IS CONSIDERED
A MISDEMEANOR IF YOU KNOWINGLY TRANSMIT IT.
BUT WE TREAT AIDS AND HIV VERY DIFFERENTLY, IT'S
CONSIDERED A FELONY.
AND THEY FEEL LIKE IT IS A DISCO MERRY ñ THEY FEEL LIKE IT
IS A DISCRIMINATORY POLICY THAT NEEDS TO BE REPEALED.
THEY FEEL THAT IT ATTACKS THE LGBT COMMUNITY
DISPROPORTIONALLY, AND WE NEED TO DO SOMETHING TO CHANGE
IT, BUT I DON'T KNOW, WHAT DO YOU FEEL ABOUT THIS?
MIXED FEELINGS.
ONE, HIV IS TECHNICALLY LETHAL, MAKING IT RATIONALLY
DIFFERENT FROM THE OTHER DISEASES.
AND SECONDLY, THE IDEA OF KNOWINGLY TRANSMITTING IT
IS SO HEINOUS.
WHO WOULD DO THAT TO ANOTHER PERSON, AND BE INDIFFERENT
TO THEIR LIVES?
NOW, THE FOOT SITE IS, IN REALITY, OR IN PRACTICE,
ARE THEY GOING TO BE MORE LIKELY TO USE IT AGAINST PEOPLE IN
THE LGBT COMMUNITY?
YES.
THAT'S WHAT YOU'VE GOT TO PUT A LOT OF THOUGHT BEHIND IT
WHEN YOU USE DIFFERENT RULES FOR DIFFERENT DISEASES.
LET ME SHOW YOU HOW IN CALIFORNIA IT DOES
PROPORTIONALLY IMPACTS MINORITIES AND WOMEN, AS
OPPOSED TO WHITE MALES.
"ACCORDING TO THE MOVEMENT ADVANCEMENT PROJECT, AND LGBT
FOCUSED THINK TANK, 38 STATES HAVE HIV SPECIFIC LAWS LIKE THE
ONE SB239 WOULD REPEAL, AND IN ANOTHER SIX, PEOPLE HAVE
BEEN PROSECUTED FOR A CRIME BASED ON THEIR HIV STATUS."
LET'S TAKE A LOOK AT WHAT HAPPENS IN CALIFORNIA.
"WHITE MALES, WHO ARE 40% OF HIV-POSITIVE CALIFORNIANS,
ACCOUNTED FOR ONLY 16% OF THOSE WHO CAME INTO CONTACT WITH THE
COMMITTAL JUSTICE SYSTEM."
THAT'S AMAZING.
SO OF COURSE YOU LOOK AT THE NUMBERS, AND IT
DISPROPORTIONATELY AFFECTS WOMEN.
LESS THAN 13% OF HIV POSITIVE CALIFORNIANS ARE WOMEN, BUT
WOMEN ACCOUNT FOR 43%
OF TOTAL JUSTICE PROCEEDINGS TASTE ON HIV-POSITIVE STATUS.
SO, LOOK, I THINK THAT SHOWS THAT THE JUSTICE SYSTEM
NEEDS TO BE REFORMED, BUT I DISAGREE WITH ROLLING BACK
THE PENALTIES FOR KNOWINGLY TRANSMITTING A LETHAL DISEASE.
PEOPLE MAKE THE ARGUMENT THAT, WELL MEDICINE HAS ADVANCED SO
MUCH THAT CONTRACTING HIV IS NOT A DEATH SENTENCE.
NO, IT'S NOT A DEATH SENTENCE IF YOU HAVE THE RESOURCES AND
THE MEANS TO GET THE DRUGS NECESSARY TO STAY ALIVE; THE
VAST MAJORITY OF PEOPLE DON'T HAVE THE RESOURCES FOR THAT.
SO YES, FOR A LOT OF PEOPLE IT'S A DEATH SENTENCE.
I THINK IT SHOULD BE A FELONY.
I THINK WE NEED TO REFORM THE JUSTICE SYSTEM, AND MAKE
SURE THAT THE LAW IS APPLIED EVENLY.
BUT TO SAY, NO LET'S ROLLBACK ABILITIES FOR IT IS CRAZY.
IT'S VERY COMPLICATED.
SO, FIRST, SELECTIVE PROSECUTION IS ONE OF THE GREAT UNTOLD
STORIES IN THIS COUNTRY, AND THAT'S WHERE YOU SEE A LOT
OF THE RACISM, SEXISM, ETC.
SO, MEN INPUTTING THEIR POWER OVER WOMEN.
WE'VE TALKED ABOUT IN A LOT OF WAYS.
AND ONE IS, WELL, IF YOU GOT AIDS, AND YOU DID IT ON PURPOSE,
WE ARE MORE LIKELY TO BLAME YOU AND NOT THE GUY.
AND IT GOES BACK TO THE BIBLE.
YOU SEE, EVE MADE US EAT THE APPLE AND WE GOT KICKED OUT
OF THE ART ñ
WE GOT KICKED OUT OF THE GARDEN OF EDEN, SHE MAYBE HAVE SEX
WITH HER AND I GOT AIDS, IT'S HER FAULT, LET'S PROSECUTE.
IT HAPPENS DISPROPORTIONATELY TO WOMEN, IT DOES.
LET ME POINT OUT ONE MORE CAVEAT THAT I THINK IS IMPORTANT
TO MENTION: IT DOES DISPROPORTIONATELY IMPACT
WOMEN, BECAUSE THE WOMEN WHO SPREAD THE DISEASE ARE MORE
LIKELY TO WORK IN THE SEX INDUSTRY.
AND SO THEY HAVE LESS POWER, SO THAT'S ANOTHER PART OF THE
EQUATION.
AND WHY WHITE MEN GET PROSECUTED LESS THAN OTHERS ON A CASE
ABOUT AIDS?
WHY ABOUT THIS?
AGAIN, USUALLY IN A POSITION OF POWER.
SO, THEY ARE NOT GOING TO BE EXPOSED TO THE COMMITTAL
JUSTICE SYSTEM AS MUCH AS MINORITIES ARE.
OKAY, NOW, FINALLY BACK TO THE ISSUE OF, SHOULD THERE BE TWO
DIFFERENT RULES?
WELL, LOOK, SYPHILIS COULD KILL YOU.
THESE DAYS, VERY UNLIKELY, BUT CERTAINLY IN THE OLD DAYS, TURNS
YOUR JUNK GREEN, A LOT OF FOLKS LOST THEIR MINDS AND DIED
FROM SYPHILIS.
SO IT IS POTENTIALLY A DEADLY DISEASE.
IF THERE WAS NO SELECTIVE PROSECUTION, THEN I WOULD
SAY, LET'S MAKE RATIONAL LAWS, WHICH ONES ARE LETHAL,
WHICH ONES ARE NOT?
BUT KNOWING THAT THERE IS THIS LEVEL OF SELECTIVE PROSECUTION
OUT THERE, ARE THEY DONE MORE LIKELY TO TARGET LGBT
COMMUNITY, ETC.,
WITH THESE LAWS?
YES.
SO, OVERALL, EVEN MY THINK IT'S A HORRIBLE THING TO DO, AND
IT SOUNDS MORE IMPORTANT THAN A MISDEMEANOR, GIVEN HOW IT
COULD BE PROSECUTED IN THE WORLD ñ
IN THE REAL WORLD, I SAY
MISDEMEANOR FOR ALL.
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