North Dakota decriminalises State HIV laws
This week, Gov. Kelly Armstrong signed into law House Bill 1217, legislation to reform North Dakota’s outdated laws that unfairly criminalized and stigmatized people living with HIV. North Dakota is the fourth state in the country to fully repeal HIV criminalization laws and the first state in the Midwest to do so.
The ACLU of North Dakota, along nonprofit organizations like Shine Bright & Live and a bipartisan group of legislators, supported House Bill 1217.
“Laws that criminalize living with HIV fundamentally undermine the constitutional rights and dignity of individuals by penalizing them for a health condition rather than any criminal behavior,” said Cody Schuler, ACLU of North Dakota advocacy manager. “We are happy that North Dakota’s laws will now become more fair, less discriminatory and will promote treatment and prevention rather than criminalization. This is a huge step forward in reducing stigma, increasing HIV testing and humanizing those living with HIV,”
In the late 1980s and ‘90s at the height of the HIV epidemic, lawmakers throughout the country passed laws that criminalized otherwise legal behaviors of people living with HIV or added HIV-related penalties to existing crimes. These laws were based on fear and the limited medical understanding of the time. When most of these laws were passed, there were no effective treatments for HIV and discrimination against people living with HIV was rampant. Research now demonstrates that people living with HIV on effective treatment cannot transmit the virus to their partners. And HIV-negative individuals can take medication, known as PrEP (pre-exposure prophylaxis), to reduce the risk of acquiring HIV by up to 99 percent.
“The criminalization of HIV has harmed communities in North Dakota state for decades. It has done nothing other than spread fear and stigma, and it discouraged people from getting tested or knowing their status,” said Jason Grueneich, executive director and founder of Shine Bright & Live, a nonprofit organization that provides resources, support and advocacy for North Dakotans affected by HIV and AIDS. “HIV is not a crime, and we should not be treating those living with it as criminals. As a person living with HIV, I am thrilled to have been a part of this monumental progressive move forward in this national movement started by so many a decade ago.”
About the ACLU of North Dakota
The American Civil Liberties Union of North Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of North Dakota is part of a three-state chapter that also includes South Dakota and Wyoming. The team in North Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women and LGBTQ+ and Two Spirit communities. The ACLU of North Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of North Dakota.
