Interview with Iowa’s Tami Haught on building a broad law reform coalition

Meet Tami Haught: Iowa’s Anti-Criminalization Advocate 

Tami Haught explains how, with the support of CHAIN (the Community HIV/Hepatitis Advocates of Iowa Network) and hundreds of Iowans living with HIV, she helped build a broad coalition to reform Iowa’s HIV criminalization statute, Iowa Code 709C. Haught discusses the small victories that the coalition has won over the past year. 

What is the current HIV-specific law in Iowa and how does it affect Iowans living with HIV?

The old joke in Iowa is that if you’re HIV-positive and you go to a bar, make sure to bring a notary public with you, that way you can have your disclosure letter notarized to prove that you did disclose your status before you had sex. But this law is no joke, because it has negative public health consequences.

Under Iowa’s Code 709C you may be subjected to prosecution if you cannot prove that you disclosed your positive status to a partner, regardless of intent, regardless of condom use, regardless of an undetectable viral load, regardless of transmission, and the sentences can be very severe.

What are the negative public health consequences of Iowa’s HIV criminalization law?

The latest research shows that HIV criminalization legislation, like Code 709C, discourages HIV testing, treatment and care, which works against the public health recommendations being proposed by experts.

Can you tell me about your work to repeal and reform this legislation?

The bill that was proposed eliminated the HIV-specific part of the current law by including hepatitis, tuberculosis and meningitis. The proposed law would also create a tiered system of sentencing, which maintains severe sentencing in cases of intentional transmission of HIV but allows lesser sentencing in cases of nondisclosure when a condom was used, when there was no intent, or when HIV was not transmitted.

We also included direct language in the bill about what “exposure” meant, based on the latest scientific research. For example, in over 30 years of research there has been no documented case in which saliva transmitted HIV–yet, inexplicably, people are still being prosecuted in many states for spitting.

But the bill didn’t quite get passed. What happened?

The reformed bill passed through Iowa’s bipartisan Senate Judiciary Subcommittee (3 to 0) and the Senate Judiciary Committee (8 to 3), and we were very close to getting the bill passed in the legislature, but at the last minute one of our allies changed sides and introduced an amendment that scuttled the bill. Still, we’ve had great support from Senator Matt McCoy, Senator Steve Sodders, Senator Charles Schneider, and many more members of Iowa’s legislature, and we’re very grateful for the assistance we received from Deputy Attorney General Eric Tabor, and Randy Mayer from Iowa’s Department of Public Health.

One lesson we’ve learned is to never assume who is on your side, because we have some great advocates, both Democrats and Republicans, who are fighting for us. So don’t look at the “D” or the “R” behind a name, because you never know the personal story or how someone may have been personally touched by HIV/AIDS.

Why do you feel personally mobilized by this bill?

Toward the end of my husband’s life, in the mid-1990s after both of us had been diagnosed, he became very scared of laws that prosecuted people for HIV exposure. He was afraid that I would charge him with criminal transmission–which I would have never done. But my husband eventually had a nervous breakdown and the thought of these HIV criminalization laws really started his downward spiral even faster, because they increased the stigma and shame and guilt that he felt after first being diagnosed.

What are some of the lessons that you’ve learned in Iowa that can be applied elsewhere?

For HIV-negative people not familiar with these laws, it takes them a while to understand the issues. When I conduct HIV criminalization forums, I usually show Sean Strub’s documentary HIV is Not a Crime. Just seeing Nick Rhoades, Robert Suttle, and Monique Moree tell their stories does a lot to reverse people’s prejudices and preconceptions. They begin to understand that people living with HIV are just like their neighbors and families.

In Iowa we’ve found that personal stories matter in changing people’s minds about HIV criminalization laws. One focus this year is to collect people’s stories to show that disclosure is not always easy, and that sometimes disclosure comes with consequences. Many HIV-positive people still fear that they’ll lose employment or housing if they tell the wrong person about their status. Even for me, it took six years after my husband’s death to talk openly about my status.

For advocates trying to reform HIV criminalization laws in other states, I’m sure people can learn from our successes and mistakes here in Iowa. Hopefully, sharing our experiences will help advocates in other states save time and money so that we can get these laws changed faster.

From The SERO Project’s Spring 2013 Newsletter

What the REPEAL HIV Discrimination Act Means to Public Health | NASTAD Blog

By Oscar Mairena, Manager, Policy & Legislative Affairs and Viral Hepatitis This month, Congresswomen Barbara Lee (D-CA) and Ileana Ros-Lehtinen (R-FL) introduced bipartisan legislation, , the Repeal Existing Policies that Encourage or Allow Legal (REPEAL) HIV Discrimination Act.

US: HIV criminalisation survivor, Robert Suttle – why I support the REPEAL HIV Discrimination Act

When I was released from prison, in January 2011, I knew that I needed a new life plan. I was now not only a gay black man with HIV, but also a convicted felon and registered sex offender. My career had been in the state appellate court system, but they could not hire a convicted felon.

US: Poorly argued editorial against REPEAL HIV Discrimination Act

(The Root ) — It’s every parent’s worst nightmare. You raise your child to be cautious about strangers, only to discover that an adult you entrusted with his or her care is the one you should have feared most.

US: ACLU supports the REPEAL HIV Discrimination Act

While science has vastly advanced since the early days of the HIV/AIDS epidemic more than 30 years ago, the ways in which many criminal laws treat people living with HIV look like throwbacks to the dark days of the past when fear and misinformation about HIV and how it is transmitted wer…

H.R. 1843, REPEAL HIV Discrimination Act Outreach Toolkit | The Center for HIV Law and Policy

H.R. 1843, the Repeal Existing Policies that Encourage and Allow Legal (REPEAL) HIV Discrimination Act, was introduced on May 7, 2013 by U.S. Congresswoman Barbara Lee (D-Calif.) and Congresswoman Ileana Ros-Lehtinen (R-Fla.).

US: Advocate editorial supports REPEAL HIV Discrimination Act

This past week, U.S. representative Barbara Lee reintroduced a bill to repeal HIV criminalization laws across the nation, and it couldn’t have come at a better time. Earlier this year, LGBT people went on red alert when a public health bill in Kansas proposed that people living with HIV could be quarantined.

allAfrica.com: Tanzania: MP Wants Law Passed to Control Prostitution

A MEMBER of Parliament has asked the government to table in the House a Bill to fight prostitution in the country. Catherine Magige (Special Seats – CCM) said that prostitution in the country has been on the increase, indicating moral degradation and contributing to more HIV infections. She wanted to know when the government would bring to Parliament a bill to fight the immoral practice’. In response, Justice and Constitutional Affairs Deputy Minister Angela Kairuki said the government would bring to Parliament a bill to that effect if an evaluation showed some weaknesses in the existing legal framework to fight prostitution.

China: Guangdong Province revises policy preventing people with HIV from being teachers

HIV carriers and people with sexually transmitted diseases (STD) will be able to take up teaching posts in Guangdong Province from September 1, according to a recently revised regulation from the provincial education authority. The Department of Education of Guangdong Province published the regulation on the physical conditions of applicants for teaching posts on April 16. It no longer stipulated that those with HIV or STDs are prohibited from the teaching profession, despite an earlier draft regulation published at the beginning of the year in which the ban was still listed.

In 2007, Guangdong began implementing a trial regulation on the physical conditions of applications for teachers, in which HIV carriers and people with STDs were automatically disqualified from teaching positions.  When the draft regulation was initially published to get public feedback, anti-discrimination NGOs protested that the ban on HIV carriers was still included.

US: REPEAL ACT to modernise HIV criminalisation laws reintroduced with bipartisan support

Yesterday, California Congresswoman Barbara Lee (Democrat) was joined by Florida Congresswoman Ileana Ros-Lehtinen (Republican) to introduce a new version of the ‘Repeal Existing Policies that Encourage and Allow Legal HIV Discrimination Act’ (the ‘REPEAL HIV Discrimination Act’, or the ‘REPEAL Act’) first introduced by Congresswoman Lee in September 2011.

The REPEAL Act was the first to take on the issue of HIV criminalisation in the United States. The first time around it achieved 41 co-sponsors, all of whom were Democrats.

It is notable this this time, the REPEAL Act (known formally as H.R. 1843) has intially been co-sponsored by a Republican, suggesting the Act may go further this time and make it out of committee and on to the floor for consideration.

A press release issued yesterday by Congresswoman Lee’s office summarises the proposed legislation (which can be read in full and downloaded below):

“These laws are based on bias, not science. We need to make sure that our federal and state laws don’t discriminate against people who are living with HIV. These laws breed fear, discrimination, distrust, and hatred, and we’ve got to modernize them. That’s exactly what this legislation would do,” said Congresswoman Barbara Lee.

Today, 32 states and 2 U.S. territories have criminal statutes based on outdated information regarding HIV/AIDS. This bipartisan legislation would allow federal and state officials and community stakeholders to work together to review the efficacy of laws that target people living with HIV/AIDS. The REPEAL HIV Discrimination Act would authorize the Attorney General, the Secretary of Health and Human Services, and the Secretary of Defense to monitor new and existing laws imposing criminal liability against people with HIV/AIDS and to establish a set of best practices for legislatures to consider when proposing such legislation.

Congresswoman Ros-Lehtinen added, “I’m pleased to co-sponsor this bipartisan bill that will help end the serious problem of discrimination in criminal and civil cases against those who are HIV positive. Singling out and discriminating against those living with HIV is not in line with our American values and we must do better. The legislation seeks to modernize our current outdated laws and bring them into the 21st century. I urge my Republican and Democrat colleagues to join Barbara and me in helping those persons living with HIV live as healthy and normal a life as possible.”

If passed, the act will be a key step towards ending unfair and unjust HIV criminalization laws in the United States by developing a set of best practices for the treatment of HIV in criminal and civil commitment cases, issuing guidance to states based on those best practices, and monitoring how states change policies consistent with that guidance.

REPEAL HIV Discrimination Act of 2013