HIV legislation to end Stigmatization in California passed

TheEraBegins · Oct 25, 2017

http://www.cnn.com/2017/10/07/health/california-hiv-bill-signed/index.html

(CNN)Starting January 1, it will no longer be a felony in California to knowingly expose a sexual partner to HIV with the intent of transmitting the virus. Gov. Jerry Brown signed legislation Friday that lowers the offense to a misdemeanor.

The California legislature passed SB 239 in September.
The law previously punished people who intentionally exposed or infected others with HIV by up to eight years in prison. The new legislation will lower jail time to a maximum of six months.
The new law will also eliminate the penalty for knowingly donating HIV-infected blood. This action is a felony under current law and will be decriminalized starting in January. Supporters of the change argue the previous law was antiquated because all donated blood is tested for HIV.
Bill sponsors Sen. Scott Wiener and Assemblyman Todd Gloria, both Democrats, argued California law was outdated and stigmatized people living with HIV, especially given recent advancements in medicine. Evidence has shown that a person with HIV who undergoes regular treatment has a negligible chance of spreading the infection to others through sexual contact.
"The most effective way to reduce HIV infections is to destigmatize HIV," Wiener told CNN. "To make people comfortable talking about their infection, get tested, get into treatment."
Gloria released a statement Friday saying the bill will put the state "at the forefront in the fight to stop the spread of HIV."
Wiener said by destigmatizing HIV, the bill would encourage people to get tested, which will in turn lower HIV transmission in the state.

Can we celebrate? I feel so much more at home in California now. Also so happy to be at a new home!

Deleted member 176 · Oct 25, 2017

Good to see this passed. I know a lot of people don't like the idea but it really is for the best.

TheEraBegins · Oct 25, 2017

People think it's about spreading HIV when it's about not making it a big stigma. HIV people and people are the same thing. It's no difference. Criminalizing sex and especially when minorities and sexual minorities faced the most stigma was pure coded targeting.

ahoyhoy · Oct 30, 2017

Would rather they do the opposite and make it a felony to knowingly transmit any dangerous STD, but I suppose this is better than nothing.

Fruity Loops · Oct 30, 2017

This is great news. Living with HIV has become very manageable. Whether someone has HIV or not is none of your business.

The only reasons these laws were made in the first place were homophobia and racism. Good to see society advance at least a little bit during these dark times.

Tuck · Oct 30, 2017

Fruity Loops said:
This is great news. Living with HIV has become very manageable. Whether someone has HIV or not is none of your business.

If I'm planning on sleeping with someone, it absolutely is my business, actually.

I say this as a gay man: ALL stds should require disclosure. If you sleep with someone knowing you have an std and you don't tell them, you're a grade A piece of shit.

G.ZZZ (EUTRASH) · Oct 30, 2017

Is this a joke? I mean, if you lie about having HIV to your partner and make him not use a condom you're absolutely an asshole.

You can still enjoy all of your sex with condoms and not ruin other people's lives. We just had a case over here where a dude slept with as many prostitutes as possible to transmit them HIV. That's seriously fucked up.

Fruity Loops · Oct 30, 2017

Tuck said:
If I'm planning on sleeping with someone, it absolutely is my business, actually.

I say this as a gay man: ALL stds should require disclosure. If you sleep with someone knowing you have an std and you don't tell them, you're a grade A piece of shit.

You still have the option of not sleeping with somebody.
Are you aware of all the discrimination HIV-positive individuals face, even ones with undetectable viral load?

Shoreu · Oct 30, 2017

Fruity Loops said:
This is great news. Living with HIV has become very manageable. Whether someone has HIV or not is none of your business.

The only reasons these laws were made in the first place were homophobia and racism. Good to see society advance at least a little bit during these dark times.

someone having HIV is definitely my business. Why the hell should someone get to hamper my life like that?

Crocks · Oct 30, 2017

Fruity Loops said:
This is great news. Living with HIV has become very manageable. Whether someone has HIV or not is none of your business.

The only reasons these laws were made in the first place were homophobia and racism. Good to see society advance at least a little bit during these dark times.

It's the business of the person who has been "knowingly" infected, surely?

Lnds500 · Oct 30, 2017

I really don't think this is helping anything. I actually know people who have contracted the virus by someone who knew he was infected and just didn't care.

Remy · Oct 30, 2017

I still feel this is foolish. Leaves the door open for people to get over. Its not felony so now people dont feel as bad? And cause its manageable? Nah, I dont wanna hear any of that.

What about the Positive person who gets into the caught up passionate making out with a Negative person and they just smash?
Its the Negative person fault for slipping but what about Positive who knew they had HIV?

Oh well? Go get some pills,we'll live?

Fruity Loops · Oct 30, 2017

Shoreu said:
someone having HIV is definitely my business. Why the hell should someone get to hamper my life like that?

Crocks said:
It's the business of the person who has been "knowingly" infected, surely?

https://www.buzzfeed.com/patrickstr...ect-slapdown-to-someone-w?utm_term=.usyLvVp0Q
https://www.vice.com/en_us/article/gv3vn3/stop-stigmatizing-hiv-positive-sex
https://www.queerty.com/favor-hiv-filters-dating-apps-youre-living-ignorance-blogger-says-20161026

Educate yourselves.
If you don't think this is anything other than bigotry, I don't know what to tell you.
The witch-hunt against HIV-positive individuals has reached Gestapo levels. It's time to push back.

Deleted member 433 · Oct 30, 2017

ahoyhoy said:
Would rather they do the opposite and make it a felony to knowingly transmit any dangerous STD, but I suppose this is better than nothing.

This, I presumed the above law was already in place which is why they didn't need this very specific one anymore.

Crocks · Oct 30, 2017

Fruity Loops said:
http://www.buzzfeed.com/patrickstru...the-perfect-slapdown-to-someone-w#.bjdyJom8Q1
https://www.vice.com/en_us/article/gv3vn3/stop-stigmatizing-hiv-positive-sex
https://www.queerty.com/favor-hiv-filters-dating-apps-youre-living-ignorance-blogger-says-20161026

Educate yourselves.
If you don't think this is anything other than bigotry, I don't know what to tell you.
The witch-hunt against HIV-positive individuals has reached Gestapo levels. It's time to push back.

I don't doubt that - the fact it's aimed at HIV and HIV alone is a good reason to believe that you're right. But how does that suddenly make your comment that it's "no one else's business" true?

My belief that it's absolutely the business of the person being infected does not hinge on me also believing that the laws as they stood before were not based upon bigotry - it was your argument I was taking issue with, not this change.

Also, please stop being so patronising.

Cor · Oct 30, 2017

ahoyhoy said:
Would rather they do the opposite and make it a felony to knowingly transmit any dangerous STD, but I suppose this is better than nothing.

RoyalFool said:
This, I presumed the above law was already in place which is why they didn't need this very specific one anymore.

what you're actually saying is "would rather people refrained from getting tested so that they wouldnt ever have to face such charges'.

Water · Oct 30, 2017

Fruity Loops said:
This is great news. Living with HIV has become very manageable. Whether someone has HIV or not is none of your business.

The only reasons these laws were made in the first place were homophobia and racism. Good to see society advance at least a little bit during these dark times.

This is such a toxic mindset. If anyone has an STD, it should be disclosed before having sex with them. God... I can't believe people think like this.

And to add to that, if you find out you have an STD somehow while dating someone you should tell that person right away.

It is 100% is the persons business you're sleeping with that you could potentially infect them with something even if the chances are slim.

Huge red flag to anyone that thinks it's okay to knowingly put expose anyone to any kind of STD without telling them, and that kind of person is much more of someone worth avoiding then someone who has an STD who tells is upfront about it.

ahoyhoy · Oct 30, 2017

Coriolanus said:
what you're actually saying is "would rather people refrained from getting tested so that they wouldnt ever have to face such charges'.

So people too afraid to get tested because they want to keep fucking others with impunity even if they are actually dying would be a worse public health crisis than people knowingly infecting others with impunity because they don't want to tell their partners they have a deadly disease?

If the data supports that, I guess I can't argue.

Fruity Loops · Oct 30, 2017

Crocks said:
I don't doubt that - the fact it's aimed at HIV and HIV alone is a good reason to believe that you're right. But how does that suddenly make your comment that it's "no one else's business" true?

It's a slippery slope and we have seen its effects. How would you like it if you had to disclose to your partner that you have, say, a genetic defect?

Crocks said:
My belief that it's absolutely the business of the person being infected does not hinge on me also believing that the laws as they stood before were not based upon bigotry - it was your argument I was taking issue with, not this change.

Also, please stop being so patronising.

I'll refer you to my earlier post. You still have the option of not sleeping with somebody. I think asking you to read up on a topic you very likely have only a surface-level understanding of is not condescending. If it came off as that, I am sorry, but I won't take it back.

Deleted member 4353 · Oct 30, 2017

Fruity Loops said:
This is great news. Living with HIV has become very manageable. Whether someone has HIV or not is none of your business.

The only reasons these laws were made in the first place were homophobia and racism. Good to see society advance at least a little bit during these dark times.

This is not great news at all. I don't care if its manageable, I'd rather not get HIV.

Lnds500 · Oct 30, 2017

Coriolanus said:
what you're actually saying is "would rather people refrained from getting tested so that they wouldnt ever have to face such charges'.

What people are saying is that everyone should be responsible, towards themselves and others. Hiding your head in the sand isn't exactly that.

Sure, if they wanna die from HIV complications, don't get tested. Just stop sleeping with innocent people who are getting tested in the meantime.

Froli · Oct 30, 2017

Water said:
This is such a toxic mindset. If anyone has an STD, it should be disclosed before having sex with them. God... I can't believe people think like this.

And to add to that, if you find out you have an STD somehow while dating someone you should tell that person right away.

Agreed. It's a nice rule "Don't be a fucking asshole"

Shoreu · Oct 30, 2017

Fruity Loops said:
https://www.buzzfeed.com/patrickstr...ect-slapdown-to-someone-w?utm_term=.usyLvVp0Q
https://www.vice.com/en_us/article/gv3vn3/stop-stigmatizing-hiv-positive-sex
https://www.queerty.com/favor-hiv-filters-dating-apps-youre-living-ignorance-blogger-says-20161026

Educate yourselves.
If you don't think this is anything other than bigotry, I don't know what to tell you.
The witch-hunt against HIV-positive individuals has reached Gestapo levels. It's time to push back.

I've read that buzz feed article and I've heard a few arguments on... How other STDs like syphilis aren't given those same harsh penalties for transmission... Here's how i feel, the latter issue I mentioned should be fixed knowing transmitting deadly diseases is dispicable so HIV should not be singled out in this regard. However, as an adult I feel something like a positive/ negative status is important because as low as transmission odds may be I'd still like to opt out.

Fruity Loops · Oct 30, 2017

Water said:
This is such a toxic mindset. If anyone has an STD, it should be disclosed before having sex with them. God... I can't believe people think like this.

And to add to that, if you find out you have an STD somehow while dating someone you should tell that person right away.

jrush64 said:
This is not great news at all. I don't care if its manageable, I'd rather not get HIV.

Did you come from Fox News? Read up on the stuff I and other people have posted. Don't be suckered into supporting bigotry.

DrROBschiz · Oct 30, 2017

hopefully we are close enough to a cure that this won't reignite unneccessary hate against those affected

CRISPR SAVE US ALL

Forestar · Oct 30, 2017

Fruity Loops said:
It's a slippery slope and we have seen its effects. How would you like it if you had to disclose to your partner that you have, say, a genetic defect?

I do hope that you are not comparing a genetic defect to getting HIV?

Valkyrie · Oct 30, 2017

CDX · Oct 30, 2017

Fruity Loops · Oct 30, 2017

Forestar said:
I do hope that you are not compare a genetic defect to getting HIV?

Do you think having HIV is something people choose? Genetic defects may be inheritable, thus making affected people less desirable partners. Same as HIV.

Deleted member 4353 · Oct 30, 2017

Fruity Loops said:
Did you come from Fox News? Read up on the stuff I and other people have posted. Don't be suckered into supporting bigotry.

So, I must be from Fox News now because I think if you have HIV you should tell the person your sexual partner. Okay.

Tuck · Oct 30, 2017

Fruity Loops said:
Did you come from Fox News? Read up on the stuff I and other people have posted. Don't be suckered into supporting bigotry.

It's not bigotry. People are not bigots for trying to avoid an std. Yes, it's treatable. But that's an expense and a hassle and not a very good reason to say "it's no big deal"

No one is saying HIV+ people can't have sex. They're just saying if you know you are HIV+, disclose it and allow the other person to make the entirely reasonable decision on whether or not they want to sleep with you. If that's outside their comfort level, that is 100% ok.

ahoyhoy · Oct 30, 2017

Fruity Loops said:
It's a slippery slope and we have seen its effects. How would you like it if you had to disclose to your partner that you have, say, a genetic defect?

Not at all the same thing. There's no danger to the other partner there.

I think we're all in agreement that the original purpose of the law was driven by hysteria and some homophobia for good measure, but it really does seem like this is moving us in the opposite direction just for some quick and easy feel good moments.

Menchi · Oct 30, 2017

Fruity Loops said:
You still have the option of not sleeping with somebody.
Are you aware of all the discrimination HIV-positive individuals face, even ones with undetectable viral load?

If you're about to sleep with someone, what are you afraid will happen if you tell them you have an STD/HIV?

Forestar · Oct 30, 2017

I think the convo is getting heated.

Water · Oct 30, 2017

Fruity Loops said:
Did you come from Fox News? Read up on the stuff I and other people have posted. Don't be suckered into supporting bigotry.

I'm almost convinced you're trolling at this point. This has zero to do with bigotry, and fox news? People deserve a choice if they want to expose themselves to any kind of STD, end of story. You're a shit person if you're knowingly exposing people to anything.

AlsoZ · Oct 30, 2017

Hold the fucking phone.
Are we really talking about INTENTIONALLY transmitting the virus with the PURPOSE of infecting someone?

Sorry but that's utterly heinous. Why should this be handwaved with a couple of months at most?

Hollywood Duo · Oct 30, 2017

Strange, I could have sworn when I first read about his legislation it didn't cover "maliciously trying to spread HIV" now it seems like it does.

Forestar · Oct 30, 2017

I understand that we the people must stop the societal shaming of HIV, but not telling your partner or the person you're about to sleep with is not right.

Remy · Oct 30, 2017

Hollywood Duo said:
Strange, I could have sworn when I first read about his legislation it didn't cover "maliciously trying to spread HIV" now it seems like it does.

My thoughts are...How do we know it wasnt maliciously transfered? Their word? Or is it if theyve been tested and they cant lie about it?

I know when I was younger there were people burning people like it was nothing. The clap? Crabs? I mean thats manageable but Hiv? Naw.

ahoyhoy · Oct 30, 2017

This feels like it's going to have the opposite effect.

All it will take is a few stories about some HIV Outbreak in some California community for a new wave of conservative homophobia to emerge, and they'll have this law to point to as everything that's wrong with liberal government.

Random Painted Highway · Oct 30, 2017

Fruity Loops said:
It's a slippery slope and we have seen its effects. How would you like it if you had to disclose to your partner that you have, say, a genetic defect?

This is perhaps the most inane, tortured analogy I've seen in some time, thanks! Next up, comparing std disclosures to credit scores.

Hollywood Duo · Oct 30, 2017

Forestar said:
I understand that we the people must stop the societal shaming of HIV, but not telling your partner or the person you're about to sleep with is not right.

Eh, with modern medicine HIV can be un-transmittable. I didn't have any issue with this legislation when I thought that is what they were covering. This seems to allow for people intentionally infecting others.

Remy said:
My thoughts are...How do we know it wasnt maliciously transfered? Their word? Or is it if theyve been tested and they cant lie about it?

I know when I was younger there were people burning people like it was nothing. The clap? Crabs? I mean thats manageable but Hiv? Naw.

Well enforcement would be tricky obviously but the cases where someone purposely does it would have to be incredibly rare to begin with.

FtheQueen · Oct 30, 2017

If it was unintentional i'd still be a little hesitant but knowingly doing it, fuck off with that jesus christ. If you knowingly pass a disease on that there's not even a cure for you should be definitely punished for it.

Raptomex · Oct 30, 2017

This is seriously backwards and awful. Stigma or no stigma, you should absolutely tell your partner if you have HIV. If you don't, and you infect them, that should be a felony. Period. As far as I know, HIV has no cure and just because it's treatable doesn't mean somebody should now have to live with it because they were not informed. This should apply to any STD. Granted, both parties should be safe and take the proper precautions but the person infected should absolutely inform their partner whether they're asked or not.

Forestar · Oct 30, 2017

Hollywood Duo said:
Eh, with modern medicine HIV can be un-transmittable. I didn't have any issue with this legislation when I thought that is what they were covering. This seems to allow for people intentionally infecting others.

That's the problem. Fruity already said that HIV is manageable and I believe Fruity and you. The problem I have is that there's no consequences (That I can see) for people that do spread HIV with malicious intent. Also, I feel like your post was directed more at Remy rather than me.

Remy · Oct 30, 2017

Hollywood Duo said:
Well enforcement would be tricky obviously but the cases where someone purposely does it would have to be incredibly rare to begin with.

Says who? People lie about everything all the time and people will try and get away with whatever they can. And thats in all aspects of life.

Snack12367 · Oct 30, 2017

HIV may be more manageable, but fuck anyone who knowingly infects someone with an STD, let alone an STD that could impact you for the rest of your life.

Yes I could go on to have a good life even with Herpes, that doesn't make infecting me with herpes any less horrible.

To my knowledge this law was about intentional infection. I don't think anyone had a problem with accidental infection.

GYODX · Oct 30, 2017

Anyone who would knowingly expose others to any kind of infection is a reprehensible human being.

People would think you a jerk for sneezing or coughing in someone else's direction, so why is it remotely okay to expose someone else to a life-changing infection without their knowledge?

Hollywood Duo · Oct 30, 2017

Remy said:
Says who? People lie about everything all the time and people will try and get away with whatever they can. And thats in all aspects of life.

There is still a distinction between "eh fuck it I don't care" and "I hate this person and am intentionally trying to infect them"

Remy · Oct 30, 2017

Hollywood Duo said:
There is still a distinction between "eh fuck it I don't care" and "I hate this person and am intentionally trying to infect them"

Break that down for me. Eh fuck it I dont care is malicious to me.

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