Publications & Resources

In 2017, Governor Jerry Brown signed Senate Bill 239 into law, transforming the legal landscape with respect to HIV criminalization in California. Under the new law, authored by Senator Scott Wiener (DSan Francisco) and Assemblymember Todd Gloria (D-San Diego), criminal penalties based on a person’s HIV status cannot be imposed unless the person acts with the intent to harm another person.

Lambda Legal is working to repeal or reform HIV criminalization laws throughout the United States. An HIV criminalization law is one that specifically targets and punishes people living with HIV for engaging in conduct that would otherwise be legal if not for the person’s HIV status. Most of these laws do not require transmission of HIV and are based on the mere failure to announce one’s medical condition to a potential partner prior to engaging in sexual contact. Below we describe 15 ways these laws harm public health, result in unjust prosecutions, and serve primarily to stigmatize and oppress people living with HIV.

The REPEAL ("Repeal Existing Policies that Encourage and Allow Legal") HIV Discrimination Act, introduced by Congresswoman Barbara Lee, addresses the serious problem of discrimination in the use of criminal and civil commitment laws against those who test positive for HIV.

Since the earliest days of the HIV/AIDS epidemic, stigma has been a major obstacle to accessing care and implementing effective HIV prevention policies.1 People with HIV face pre-judgment, marginalization, discrimination and severe misunderstanding about the means and actual risks of transmission.

Almost thirty years after the first cases of infection by the human immunodeficiency virus (HIV) were reported, ignorance and fear about HIV and bias against people affected by HIV continue to fuel stigma and discrimination in this country.

As a result of vast improvements in HIV treatment, more and more people with HIV are reaching retirement and enjoying the “golden years” that lie beyond. Sadly, however, some are facing discrimination as they seek living arrangements and long-term care services suitable for seniors.

More than two decades have elapsed since the first HIV cases were identified in the United States, but the unfortunate reality is that there is still stigma associated with HIV. Too often, disclosure that a person has HIV wreaks havoc on that person’s life.

Youth in foster care and juvenile justice systems who are lesbian, gay, bisexual, transgender or questioning (LGBTQ) or living with HIV have basic rights.

Prisoners living with HIV may have trouble getting the health care they need and deserve. If untreated or mistreated, HIV can result in serious illness or even death. To prevent these things from happening, people living with HIV in prison should be aware of—and insist upon—their legal right to medical care.