Campaign to Modernize HIV Laws Launched
Laverne Cox and Amber Riley have joined The Elizabeth Taylor AIDS Foundation as champions for a new campaign. The initiative, launched on “HIV IS NOT A CRIME Awareness Day,” aims to modernize outdated HIV criminalization laws across the nation. The goal is to align legal frameworks with current scientific understanding of HIV prevention and treatment.
Many of the HIV criminalization laws in effect today were passed decades ago, rooted in the fear and scientific uncertainty of the early AIDS epidemic. These laws often do not require intent to transmit the virus, and in many cases, actual transmission of HIV is not necessary for a conviction. As of 2024, 29 states and two U.S. territories have laws that criminalize acts by people living with HIV. These statutes can turn behaviors that pose little to no risk of transmission, such as spitting, into felonies, and often do not account for modern prevention methods like condom use or antiretroviral therapy. The scientific reality today is that a person with HIV who is on effective treatment and has an undetectable viral load cannot transmit the virus to a sexual partner. This concept, known as Undetectable = Untransmittable (U=U), fundamentally challenges the premise of most HIV criminalization laws. Many of these state laws were incentivized by the federal Ryan White CARE Act of 1990, which required states to have mechanisms to prosecute individuals who knowingly exposed others to HIV to be eligible for funding. This led to a patchwork of punitive state laws rather than a public health-focused approach. These laws have a disproportionate impact on marginalized communities, including people of color, women, and LGBTQ+ individuals, who are more likely to be policed and prosecuted. Critics argue the laws discourage HIV testing and perpetuate stigma, undermining public health efforts. The annual "HIV is Not a Crime Awareness Day" on February 28th was established to highlight the need for reform. The date was chosen to honor Elizabeth Taylor's legacy and to bridge Black History Month and Women's History Month, acknowledging the communities most affected. Advocacy efforts have seen some success, with at least nine states, including California, Illinois, and Virginia, modernizing or repealing their HIV criminalization laws since 2014 to better reflect current scientific understanding.
