Rick's Corner is a blog within a website - featuring articles and essays by Rick Davis, USA. Rick is a modern day renaissance man: a writer, an editor, a musician etc.
ENTRY NUMBER SIX: Health care crap.
Well, the last several blogs have been all about me … so, to remedy my apparent narcissism, I need to rant.
I want to talk about this ridiculous war going on over here over health care. Why is it that the U.S. is ranked 38th by the World Health Organization in delivery of health care to it’s citizens? I’ll tell you why. GREED … There’s the Greed of the health care insurance industry that make BILLIONS in profits from premiums and investments on those premiums while they indiscriminately dole out only mediocre service at best. Greed of the health care providers, and doctors who earn 6 and 7 figure salaries while averaging less than 5 to 10 minutes with their patients. Greed of the pharmaceutical industry that charges up to $50/pill for some medications which cost 1% of that figure to actually manufacture.
Is the U. S. Healthcare system broken? Good God yes! Over 40 million working Americans do not have access to health insurance at all. Add to that figure the unemployed and it is well over 50 million. In America, unless you work for a large company that carries group medical insurance, you either have to buy an individual policy which can cost well more than an average mortgage payment for a family of four, or do without. Even if you can afford a policy, if you or any member of the family you are trying to cover has some preexisting medical condition, you couldn’t buy insurance no matter how much the cost.
A person like me, for instance, having been diagnosed with AIDS would be non-insurable in the private market. I just happen to be employed by a government agency. Even then, I have a 25% deductable and a $5000.00 per year out of pocket.
Persons on disability have to wait two years before they are eligible for Medicare. Until then they must rely on federally-(under)funded state run programs usually referred to as Medicaid. Incredibly, in some instances and in some states, persons can qualify for disability; be living on the disability benefits; and still not qualify for these Medicaid programs because they have too much income.
So why have we allowed this to continue? Why do so many fear change? Why are these conservative Republicans so keen on keeping the status quo?
This Republican and healthcare lobby led campaign of scare tactics and misinformation is the most ridiculous thing I have seen in years. Perpetuated by the conservative radio and TV talk shows, and effective internet propaganda, rumors about “death panels” twisted from a provision in the Medicare bill that would, for the first time, allow the terminally ill and their families to be reimbursed for end-of-life consultations with their own physicians is one of the most ridiculous. That, followed by rumors of government funded abortions with no basis in truth or in the bill itself, whipping up fears among the elderly that their Medicare benefits will be cut and their premiums increased, etc. etc. etc. have caused the debate to go askew and the original purpose for reform to be lost. The most interesting thing I find is that at these “town hall” meetings most of those hell-raisers are older Americans decrying “socialized medicine”. What the hell to they think they are living on? Social Security and medicare are government-run entitlement programs. They are almost the very definition of socialistic programs that have been around for over 60 years.
During this debate, I have occasionally challenged some conservative “friends” or acquaintances on the need for health care usually by pointing out that the working poor simply have no access. The almost universal response: “They have plenty of access. They can go to any emergency room if they are sick and by law they must be treated.” This is the same answer one will hear if one listens to the likes of Sean Hannity, Bill O’Reilly or Rush Limbaugh. They honestly believe this nonsense as if “going to the emergency room” is adequate health care. Why? It’s because most of them have never been without healthcare. They simply don’t understand the reality of being without anything so basic and choose to stick their damn heads in the sand or up their respective asses believing that they will never be without it.
That is the problem with so many in Congress. A few like Ted Kennedy, God bless his soul, have always realized how fortunate they were to have the “privilege” of having access to good health care, but could also see the needs of the masses that don’t. Congressmen, courtesy of our taxpayer dollars, have the best health insurance and access to the best doctors and facilities anywhere in the world. I daresay … or dare I say it … ? If we could take that away from them until they find a solution for everyone, we would have a solution tomorrow.
ENTRY NUMBER FIVE: Changes, changes, changes ...
I have been very fortunate, I guess. More fortunate than many of the PWA’s I have met on my new journey. Yes, my “new” journey which started when I finally stared myself in the face and removed the “mask” I had been using to lead this double life of a “normal” suburban southern American professional. You all know what I mean – a home, a wife, kids, going to church on Sunday, all the social functions, etc., etc. Then there was this other undeniable unquenchable need, desire, drive, whatever we want to call it to be – well … gay – to have sex with men, many faceless, nameless men. Yes, I finally confronted that “other side” of me and even came clean with the wife. (See previous blog entries.) Just as I was starting that journey, and possibly would have stayed married, destiny or fate had other plans. Yes, I found out I had AIDS. This was more than my wife could bear. It was confirmation for her that yes, I had been living a double life for some time. It was more than I could ask her to bear, as I now had to choose a new road for my life, one which she could not follow.
See, I have chosen to take up a cross as well as explore a world I have denied myself for many years. My cross is the cause of AIDS activism as there are so many unanswered needs for PWA’s in my state. Even some third world countries have better resources. It’s inexcusable, but I am digressing now. My marriage lasted for nearly twenty-eight years, and for the most part it was a great marriage. My wife is a wonderfully compassionate person, but even with all that, there was no use carrying on the charade. It wasn’t fair to either of us, especially not to her. This past week, our marriage finally ended very amicably in a divorce made final in about five minutes with the local judge. We had been leading pretty much separate lives for the last few months. We are still best friends, and always will be, but there was no reason to go on with what had become a sexless, passionless, charade of a marriage.
As I stated when I started this blog entry, I have been fortunate. I have a good job, insurance, and access to health care that so many others do not have. I have found an excellent support network both online with wonderful friends like Adam, and here, locally, with a peer support group of PWA’s. In fact, the founder of that group asked me to be on the Board of Directors of the sponsoring organization whose mission is AIDS education, prevention, and support for PWA’s. I readily accepted the offer. Since then, my new journey has taken me to HIV/AIDS meetings and retreats in three states. I have met literally hundreds of other PWA’s along the way and awakened a part of my spirituality that I didn’t even know existed.
Through my local support group, I have met and made some very special friends. One in particular, Sam, well ... he will become the subject of a whole ‘nother blog.
ENTRY NUMBER FOUR: Spirituality vs. Religion
In my “coming-out” experience, which, granted, is still in its infancy, I have nonetheless had the opportunity to discuss the topics of religion and spirituality with a number of my new gay friends, both on the internet and one-on-one.
I have recently been to several “spirituality retreats” for persons with HIV/AIDS which of course are attended by a disproportionately high number of gays. Only one of these retreats was sponsored by a religious organization. I have also started reading a bit on the subject of “gay spirituality” and I am starting to notice some disturbing trends.
Many, especially the younger gays … those in their teens and twenties … seem to have blurred the lines between religion and spirituality -- and because of that, have abandoned both. Religion and spirituality are not the same thing. I define spirituality as one’s own beliefs in a higher power, morality, or conscience if you will -- that which we draw upon for emotional strength and our sense of self-worth.
Religion on the other hand, is learned behavior, concepts, or attitudes based on various dogma or traditions from ancient scriptures or texts; whether it be Christianity, Judaism, Islam, Hindu, Buddhism, or even Paganism for that matter. It doesn’t really matter, see, because many such religions teach some moral condemnation on the practice of homosexuality. I will grant you that my definitions of religion and spirituality are simplistic and basic, but for the basis of this piece, should be adequate.
I am most familiar with the issues concerning Christianity and homosexuality, so I will frame this discussion around that. The views of the various so-called Christian denominations vary widely. Of course most are familiar with the Catholic stand, and the current papal view is quite conservative and narrow. It is essentially an across-the-board condemnation of the practice of homosexuality, despite the fact that a large portion of the allegedly celibate priests have been practicing homosexuals and even abusers of young boys. Likewise, many large protestant denominations such as the Southern Baptists have such outright condemnations on gays. Many consider homosexuality an “immoral choice” that can be “cured” through prayer. However, some denominations such as the American Episcopal Church and the United Methodist Church have “gay outreach” programs. There are even non-denominational churches that reach out almost exclusively to the gay population.
Again, the dogma from these organized religions is based on group consensus or interpretation of ancient texts such as the Bible. Quite frankly, in my view, opinions are like assholes … most everyone has one. Unfortunately the more vocal of these religious organizations, including the Catholics, the Baptists, the Mormons, and others have attempted to paint such a damning picture of the gay community that they have caused many gays, especially these younger gays, to not only become vocal opponents of their religious dogma, but to see themselves as “the enemy” of religion, which they confuse with spirituality. In so doing, many simply abandon not only religion, but their own beliefs.
Of course, the gay community is not totally blameless either. Sometimes the “openness” and “flaunting” of sexual attractions and practices by many gays presents an easy target. Of course gays should be treated equally and have the same rights as heterosexuals, but gays must understand that the “in your face / shove-it-down-your-throat” approach is not always the best approach. However, that does not excuse the hate-mongering of these religious zealots which sometimes unfortunately even leads to violence.
The tragedy here, though, is that many gays -- in condemning all “religions” as anti-gay” -- have caused a loss of spirituality in the gay community that is becoming even more pervasive. This saddens me, and worries me. We are all on a “soul-journey” together through this life, gay, straight, male, female, -- all of us together. To abandon one’s spirituality, or see “God” or whatever higher power one wishes to acknowledge as the enemy because of the narrow-mindedness of certain individuals and their “religious ideals” is simply a dead-end road on this soul-journey. It leads inevitably to the surrender of hope of a better world and of a better life.
Quoting from Adam Donaldson Powell’s immortal passage in his book 2014: the life and adventures of an incarnated angel: “Every soul has the same basic purpose and desire: to surrender to the realization that we are already – and have always been AND will always be – an expression of Divinity; of the ‘Highest One’. Those who choose to continue to exist in illusion choose themselves to recycle into a basic soul energy form that will be healed and reformed for further self-transformation. The true kingdom is the Kingdom Within, on an eternal and constant search for balance.”
If we abandon God or the “Highest One” by abandoning our spirituality, how can we possibly have hope of achieving a higher purpose?
ENTRY NUMBER THREE: Gay Marriage… What is the REAL point?
Seldom has a debate over a single issue sparked such global polarization. I want to dissect the issue into a number of underlying strata. I have, on occasion made comments on the issue on several open forum sites in the past, but never fully explained the rationale for them.
I want to get straight to the point, and will start off with a question. In this day and age, when over half of heterosexual marriages or unions fail, why does the gay community believe that it can do any better? Regardless of how this sounds, a same sex union brings a whole different dynamic into a relationship that makes a truly harmonious union even that much more difficult. Before I am misunderstood or vilified as “anti-gay” or homophobic, I want to be clear that I am a very strong proponent for monogamous relationships whether gay or straight. I am a gay American. The question I’m asking is, why does the gay community want to emulate the heterosexual standard of solemnized matrimony?
Let’s look at where we (the gay community) has come so far. Beginning with the social upheaval of the 1960’s and climaxing with the “Stonewall Riots” in 1969, the latest period of Gay Activism was born. Leaders such as Harvey Milk, recently immortalized in an outstanding film, paved the way for social legislation favoring gay rights or prohibiting discrimination based on sexual orientation. It seems however, for every step forward, sometimes we take two steps backward. In the U.S., while fourteen or so states have legislative protections prohibiting discrimination in the workplace, education, or housing based on sexual orientation, the remainder, the majority of the nation, does not. Some states have even adopted prohibitions against gays adopting children or amended their state constitutions to explicitly prohibit gay marriage.
It seems that in our zealous pursuit of the golden rings, or the right to wear them, we have over-looked a more basic premise. Gays DO NOT have the same basic civil rights as the majority of non-gay citizens of the U.S. The same is true in many countries across Europe and other parts of the world. Ground-breaking federal legislation to end discrimination in the workplace in this country (ENDA) has been proposed, but has so far failed to pass both houses, despite the pledges of President Obama and the new Democratic leaders of Congress. The United States still has a travel ban prohibiting HIV positive persons from entering this country, which also disproportionately affects gay persons and their families. Yes, friends we have a long way to go, and in my view, pushing an agenda with gay “marriage” as the uncompromising centerpiece of the “movement” has only led to more divisiveness, fear, ignorance, and hatred before we have achieved more basic and much needed goals. In other words, we have put the cart about ten or so years out in front of the horse.
In the 1960’s in most states in this country, it was illegal for persons to marry or intermarry across racial lines. To put this in stark reality, in many states in this country, when our current president was born, it was illegal in many states for his parents to enter into a marriage union. It wasn’t until federal civil rights legislation of the mid 1960’s which overrode these arcane and stupid state laws, and the Supreme Court opinions which followed, were these prejudice-based laws’ prohibitions declared an unconstitutional abomination. It would seem then, friends, that we have chosen to either forget or ignore the clear historical road map that has been blazed by other minorities.
Before I proceed from this point, I have another question. It has been my experience that many, perhaps a majority, of the current generation of openly gay persons embrace the secular, and basically reject the constraints of religion and religious organizations. I think this is particularly true in most EU countries as well. Why then, do these same individuals seek to force the “blessings” of these same religious institutions for same sex marriage as is done with heterosexual marriages? I, for one, am a strong proponent of the Jeffersonian concept of a wall between church and state. I do not believe it is government’s function to dictate moral or theological precepts to established religious groups or organizations, just as I also strongly believe, and history has born out, that attempts to legislate morality are ultimately doomed to fail.
I am acutely aware that gay partners want and need the same tax benefits, inheritance rights, even rights to participate in health care decisions, as those enjoyed by married heterosexual partners. Until the day that “gay marriage” is more universally accepted, it would seem to me that more uniform laws establishing “civil unions” ensuring these “marital-type” rights between two human beings, whether straight, gay, or transgendered, would be a relatively easy process and far more benign and less divisive than the current raging battle. In fact, a new national poll released just this past week shows that for the first time, a majority of Americans favor such civil unions by 55-38 percent. However, by almost the exact same percentage, a majority of Americans, oppose gay “marriage”. (SOURCE)
It would seem then that it is the moral and the religious objections that are clouding the debate. I, as one interested gay American, say let us step back, re-examine our priorities, re-new the fight for basic human civil rights and against discriminatory laws that have so far been denied, continue to gain acceptance while quieting the religious/moral battle that only serves to divide and engender fear, ignorance, and hatred. While making these statements, I know that there are a great many all-or-nothing activists that will continue to push the gay “marriage” debate. As many of these are my friends, I do not bear these individuals any ill-will, and actually hope and pray for the ultimate success of achieving this end. My only hope is that the day will come that all of humanity gay, straight, transgendered, can overcome these barriers and ideological differences in a true spirit of acceptance, not merely “tolerance”.
ENTRY NUMBER TWO: Between us ...
Growing up in a rather redneck small town in Mississippi, the last thing any young man in the late 70’s early 80’s wanted to be in that town was openly gay. Besides the ostracism, teasing, verbal abuse, etc., there was also the threat of physical violence. I was the victim of such (queer) rumors, and everything that went with it when I was in high school. Deep down though, I knew the rumors were true.
By the time I was in college, I was determined to do everything in my power to be the perfect straight guy. Although I wasn’t good in sports, I never missed an event. I started dating, joined a fraternity and social clubs. I was living the model life of a straight guy. By the time I was 19 I had met the girl I would eventually marry. We did, and I finished college and even worked my way through law school. We had a wonderful son who is now grown and in college himself.
Throughout my marriage, though, my “urges” never ceased. I have struggled with them for over twenty years. I would satisfy those urges with porn, and my fantasies when I was alone. Eventually, when away from home on business trips, occasionally the opportunity for anonymous “hook-ups” presented themselves and I took full advantage. The internet opened a whole new world and the porn was readily available on demand. A few years ago I discovered Nifty which eventually led me to Gay Authors, Awesomedude, and other great sites. After reading some of the great authors like Dom, Vance, Graeme, Lugh, Little Buddha, and a host of others, I became convinced that maybe I could write a little story myself that someone might like to read. After all, I minored in English. So I started to write. That was about 3 years ago now. It was the most complete and incredibly cleansing way for me to deal with my sexuality that I had found. It was therapy for me. The writing, and the way I was accepted into the community of these websites by readers, and fellow authors has had a tremendous effect on me.
Now for the confession part, several years ago my wife found a gay porno tape and confronted me. I lied and said it was a gag, and I was just curious so I watched it. – I lied. I was lying as much to myself as to her. There were a couple of more confrontations when she thought she found something suspicious, (but were actually quite innocent) to which I again denied my true sexuality.
Well, at some point, I let her use my laptop to check and send some emails. My laptop is where Captain Rick and my stories live, and where I keep files of things other authors have sent me to read, or whatever. She found them. This time, I was tired of lying. Maybe it was the empowerment I felt from all of my net friends I have made here and at other sites, maybe I was just tired of lying to her and myself. I told her the truth.
It can’t be easy to find out that the person you’ve been married to for over twenty-five years is gay. It hurts me horribly to see her hurting. But on the flip side, it’s taken me almost that long to admit it to myself. My heart was broken over this as I would never EVER hurt her on purpose. Since she’s suspected for years, she’s taken it surprisingly well. We are talking, and will probably always be best friends but well another “discovery” was to come about a year or so later that would ultimately be the beginning of the end of our marriage.
I started getting sick back around Thanksgiving 2007. You know, fever, sore throat, swollen tonsils, etc. etc. I went to my doctor but he had been reassigned and was handed off to a nurse practitioner who got me some antibiotics and referred me to an ENT doctor who was convinced it was pharengitis (bad tonsils) and wrote me another scrip and that was that. Well I seemed to get some better, then the whole process started over again in February. Went back to the ENT doc and he said the same thing, gave me another scrip with a warning that we may have to remove my tonsils. I personally prefer all my body parts where they are thank you very much…
Anyway, I seemed to get better again till late April then I started running fever again, usually just at night after I got home from work and was usually mild, just a degree or so. Then, it became every night and sometimes during the day. I had no absolutely no energy, and finally my wife made me find a doctor. I finally got through to this doctor I know through our church and some mutual friends and he worked me in. He examined me, took some blood and sent me home with instructions to call him if I got any worse. I did, and I did. My fever started spiking over 102 and when I got him on the phone he said some of labs were back and my white counts and platelets were really low and I needed to be in the hospital right away. By then it was the first week of June, 2008.
I spent a week in the hospital being poked, prodded, CT scanned, and tested. They tested for West Nile, meningitis, everything. Then there were bone marrow tests (ouchy), etc. The doctor had prepared me for a diagnosis of lymphoma or leukemia. I was getting pretty depressed at this point. Then one day he came in and asked, “Have you ever been tested for HIV?”
“No.”
“Well, the quick test came back positive. We have to do a more definitive test to be sure.” I was like “WHAT!!!!”
Well the “more definitive tests” were more than positive, they were devastating. I had an extremely high viral load count and a very low CD4 (t-cell) count -- about as bad as it could be. Technically, under the CDC guidelines set back in 1993 before modern therapies, I was in full blown AIDS, but I hadn’t had any of the “opportunistic infections.”
No. I do not know how I got it. Yes I have had male-male sexual contact but I THOUGHT I was ALWAYS careful. The docs say based on my labs I probably had been infected for 8-10 years.
No, my wife was not infected, thank God. The only thing we can figure there is that we know she is descended from northern Europeans on both sides of her family and there has recently been identified genetic mutations of many northern Europeans and their descendants that makes them either highly resistant or even immune to this thing. Well, that’s the theory we’re traveling under at this point anyway. Insurance won’t pay for her genetic testing. The important thing is she’s clear.
I was started on one of the latest drug therapies out there, and doing well. Now, my viral load is basically undetectable, but my CD4 count is still critically low, meaning I am still at risk for about any type of infection, but I have also gained back over 25 pounds of weight I had lost. Yes, HIV wasting had already begun, as had the diarrhea, night sweats, and other HIV symptoms which are now thankfully all gone.
Needless to say, whatever was left of our marriage was shattered by that diagnosis. I want no pity, and, it may seem strange, but I have no regrets either. I take full responsibility for everything that has happened, but there’s nothing I can do to change any of it.
My wife and son have been incredibly understanding and supportive, and they will be fine. I thank God for them. I was also devastated at first, depressed, the whole range of emotions that anyone would expect.
However, looking back, I have been incredibly fortunate. I have been able to continue working, and I have good insurance, most importantly, I have found an incredible support network, and an opportunity to turn what I thought was the end of my life into an opportunity to help others.
First, I met Adam Donaldson Powell, a true angel, totally by chance online. I credit Adam for literally saving my life. Adam came along at a time I was probably at my lowest emotionally. He showed me that there is a reason and a purpose for everything that has happened, and how to turn adversity to a life of service and purpose.
Soon I had found another small group right here in Mississippi that was just beginning to organize a support group for PWA’s (Persons living with AIDS). Another angel on Earth, Robin, and his partner Duane were starting a support group of PWA’s for PWA’s. Something that had never been done here, and was sorely needed. I found that there is virtually no support here for the emotional and psychological needs of PWA’s. I am now on the ground floor and board of this new group that is trying to fill this desperate need.
With Adam’s encouragement, and the encouragement and support of a few others, I am starting a new life, redefining myself, leading my own life my way, I have no way to express my gratitude other than to live my life as a positive (pardon the pun please) example and a life where I can make a difference. I think that’s the point, -- that is, to leave this planet just a little better off because I was here.
ENTRY NUMBER ONE: An article about the defeat of HB 1079 in Mississippi, USA.
A history of bad HIV/AIDS legislation in Mississippi and the Defeat of HB 1079
by Rick Davis.
To begin this discussion some background is necessary.. The following statutes of Mississippi are relevant for this discussion.
Relevant portions of § 43-21-1
( 6) Any practicing or licensed physician or person in charge of a hospital, health care facility or laboratory who fails to make the reports required under this section regarding Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS) or any Class 1 disease or condition as designated by the State Board of Health shall be reported to the Board of Medical Licensure, in the case of a physician, or to the applicable licensing agency in the case of institutions, and such failure shall be grounds for suspension of license.
(7)Any person other than a practicing or licensed physician, or person in charge of a hospital or health care facility, willfully failing to make the reports required under this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by confinement in the county jail for not more than thirty (30) days, or both.
§ 41-23-2. Penalties for violating health department orders with respect to life-threatening communicable diseases.
Any person who shall knowingly and willfully violate the lawful order of the county, district or state health officer where that person is afflicted with a life-threatening communicable disease or the causative agent thereof shall be guilty of a felony and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00) or by imprisonment in the penitentiary for not more than five (5) years, or by both.
§ 97-27-14. Contagious diseases; causing exposure to human immunodeficiency virus (HIV), hepatitis B or hepatitis C; crime of endangerment by bodily substance; violations and penalties.
(1) It shall be unlawful for any person to knowingly expose another person to human immunodeficiency virus (HIV), hepatitis B or hepatitis C. Prior knowledge and willing consent to the exposure is a defense to a charge brought under this paragraph. A violation of this subsection shall be a felony
House bill 1079
AN ACT TO AMEND SECTION 45-33-23, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF SEX OFFENSE IN THE SEX OFFENDER REGISTRATION LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
….
(xvi)Section 41-23-2 relating to a knowing and willful violation of a lawful order of a health officer by persons afflicted with a life-threatening communicable disease of causative agent thereof when such order deals with Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS) and/or any other sexually transmitted disease;
House Bill 1079 came about as a knee-jerk reaction to a specific case that occurred in a small town in North Mississippi. In that case a woman, who was infected and diagnosed with HIV, failed to disclose that fact to a man whom she married and with whom she lived for over five years. When her husband somehow learned of the fact, he had her charged and prosecuted. However, the above statute 97-27-14 DID NOT EXIST at the time the couple was married. It was not passed until 2006. This woman was prosecuted under older health code violations and other older criminal assault statutes.
Next, it is essential to understand that Mississippi, as do all other states, has a “sex offender registry”. This is basically a list of persons convicted of heinous sexual crimes including rape, child molestation, sexual battery, child exploitation, etc. A person convicted of these offenses is compelled to register as a sex offender. Even persons having a conviction in another state, even if one has served his/her sentence, is required to register. Failure to report and register is a separate criminal offense. The information includes photo, name, address, and nature of the offense. The registry is public information and accessible on request or through the internet. The State even has the right to post photos of sex offenders on billboards on the public highways as a “public service”.
House Bill 1079 would have required persons convicted of merely violating an order of an officer of the state’s Health Department a reportable offense under the sex offender registry law. This is especially heinous because these “orders” can be made against an individual or group of individuals without any hearing or due process by less than mid-level bureaucrats or doctors who may not even work for the Department on a full-time basis or have any specialized knowledge of a specific disease or condition. Furthermore, the “orders” can be anything the “health officer” thinks is necessary to protect the public. The whole process is constitutionally suspect but so infrequently used, has never been challenged.
Mississippi has a bicameral legislature very similar to the federal model of the U. S. Congress, composed of a Senate and House of Representatives. A member of the Prosecutor’s Association who worked on the case of the woman who supposedly knowingly exposed her husband to HIV, found a friendly legislator who helped him draft and propose this heinous legislation. The Association then began pushing the law. The bill was one of the well over one thousand bills drafted and proposed to the Mississippi House of Representatives. It flew through the House committee to which it was assigned and passed the floor vote with only one opposing vote. At this time, most health and HIV advocates were still unaware of the bill’s existence.
A handful of HIV activists learned of the bill and immediately set to work at defeating the bill in the Senate. Help was requested from the ACLU (American Civil Liberties Union) and graciously given. The person in charge of HIV and other communicable diseases with the State Health Department was contacted. He also was unaware of the proposed legislation. Through the efforts of this small group HIV/AIDS activists, led by a brand new organization, A Brave New Day, and the ACLU, he was convinced of the danger of abuse of this proposed law and agreed to help lobby the Senate committee to defeat the bill. This was only a few days before the Bill was set to be heard by the Senate committee to which had been assigned. Passage by the committee would have virtually assured that the bill would pass a floor vote in the Senate and passed into law.
At the Senate committee hearing a lobbyist for the Health Department was allowed to address the Committee. She explained only that the bill would only serve as a deterrent to getting persons voluntarily tested for HIV, but this was enough for the committee to vote to “strike” the proposed bill, which meant that it would be sent back to House for further action or “conference” in a joint Senate-House committee. HIV/AIDS activists immediately went to work on key House committee members explaining why this bill was dangerous, prone to abuse, was a deterrent to voluntary testing and would only exacerbate the spread of the disease rather than act as a deterrent to “criminal” exposure of the disease as its proponents had claimed. The bill eventually died in the House with no further action taken.
Had not just a small handful of HIV/AIDS activists just happen to learn of this bill and take immediate grass-roots type action, Mississippi would have joined only two other states that require reporting of HIV-related “offenses” to the sex offender registry.
While the Health Department was instrumental in defeating this bill, they are not blameless in the continuation of stigmatization of HIV/AIDS in Mississippi.
In truth, the Department has an abysmal history of its treatment of victims of the disease. Once newly-diagnosed persons or HIV positive persons who move to the state are reported to the health department by a health care provider as they are required to do by law, these victims, already in shock over the diagnosis, and often ill from various symptoms of the disease, are “summoned” to report to the health department, where they are interrogated on everything from the identity of sexual partners to sex practices. Those who resist coming in or express any inclination to fail to report, are threatened with arrest or otherwise harassed.
In the case of the writer of this article, I was diagnosed following several days of hospitalization and testing for a variety of mysterious symptoms. The doctor that hospitalized me thought I may have leukemia or lymphoma. Needless to say, I was quite ill and found to have a very advanced case of HIV, and while I was not suffering from any of the “opportunistic infections” my CD4 count was well below 200 meaning I had AIDS. When I finally returned to my home, there was a note taped to my front door commanding my appearance at a local Health Department clinic and a number for me to call. I called the number, and like so many I have spoken with since, was threatened with arrest if I failed to appear for my “appointment”. Virtually every PWA I have spoken with in Mississippi has a very similar story. The whole process reminded me of movies and films I had seen about the Nazi registration of Jews and other “undesirables”.
HIV/AIDS activists are working to change these practices and perhaps even reverse some of the horrible legislation that has been put in place by ignorant and insensitive lawmakers. It will take time, and much effort, but hopefully with the help of other organizations that are also leading this fight of decriminalization and de-stigmatization of victims of HIV/AIDS progress will be made.
Read Rick's gay novels at Awesomedude.com
photography by Adam Donaldson Powell:
"The Gate" (top of page), "Stop the Genocide", "Aids list" and "Slums of Rio de Janeiro" (bottom of page).
All texts on this page are written by and copyrighted Rick Davis.
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