Category: Health and Wellness
Judge: AZ can’t end domestic partner benefits for state employees
A federal judge on Friday issued an injunction preventing the State of Arizona from enforcing a law that would have prevented lesbian and gay state employees and their domestic partners (and the children of those partners) from receiving health benefits, referring to it as illegal discrimination.
The bill, passed by the legislature last session and signed by Republican Gov. Jan Brewer, eliminated coverage for non-spouse domestic partners, whether they were heterosexual or gay. The lawsuit, filed by Lambda Legal, said that heterosexual couples had the option of receiving benefits simply by getting married, but gay and lesbian couples can’t do so in Arizona.
United States District Judge John Sedwick agreed, citing the Arizona constitutional amendment that bars same-sex marriages, and said the state is making benefits for the partners of its employees available “on terms that are a legal impossibility for gay and lesbian couples.’’
The state argued, among other things, that the law saves Arizona money, to which Judge Sedwick addressed in his 33-page decision:
“Contrary to the State’s suggestion, it is not equitable to lay the burden of the State budgetary shortfall on homosexual employees, any more than on any other distinct class, such as employees with green eyes or red hair.”
He said the evidence shows that the cost of providing benefits to then partners of gay and lesbian workers is no more than 0.27 percent of total health care spending by the state. And even if cuts had to be made elsewhere, the judge said, that still doesn’t make the law right.
Arizona lawmakers included the provision to eliminate domestic partner health benefits for gay state employees as part of a last-minute budget deal signed by Brewer last September, while retaining spousal health benefits for heterosexual workers. Friday’s injunction barring enforcement of the insurance cut-off will take effect in ten days.
The State can appeal the ruling immediately to the Ninth Circuit Court of Appeals, or proceed to defend the discriminatory budget provision on the merits in the District Court.
About 800 state employees are affected. State officials have not announced whether they will appeal the ruling.
Previously from LGBTQ Nation:

GLAAD pressures 'The View' to correct statements on HIV, African Americans
Obama administration to expand family, medical leave benefits to same-sex parents
Advisory panel recommends upholding ban on blood donations from gay men
Obama orders hospital visitation rights for same-sex partners
John McCain: Guy with iPhone
Study: 14% of gay men in D.C. are HIV positive
GLAAD pressures ‘The View’ to correct statements on HIV, African Americans
Refusing to be ignored, GLAAD (the Gay & Lesbian Alliance Against Defamation) has teamed with the Black AIDS Institute and the National Black Justice Coalition (NBJC) and placed a full page ad in Monday’s Variety magazine, calling on ABC Television and its popular morning program The View, to correct a misleading quote about the spread of HIV among African Americans.
Last month, co-host Sherri Shepherd and guest host, comedian D.L. Hughley, blamed increased HIV rates among straight African American women on gay and bisexual black men men who are secretly gay, often referred to as “on the down low.”
“When you look at the prevalence of HIV in the African American community, it’s primarily young women who are getting it from men who are on the down low,” Hughley said on the June 22 broadcast.
Shepherd added, “It’s so big in the black community with women because they’re having sex with men who have been having sex with men.”
The Variety ad placement comes nearly three weeks after GLAAD issued a “Call to Action,” charging The View with perpetuating “dangerous myths,” despite evidence to the contrary from the Centers for Disease Control.
(The ad appears below; click on image to enlarge.)
After the show aired, thousands of people stood with GLAAD and demanded an apology and a correction. But so far, ABC and The View have remained silent on the issue.
“ABC and The View’s refusal to correct these inaccurate remarks comes at the expense of African American gay and bisexual men, straight African American women and millions of audience members who need facts about HIV/AIDS, not myths. It’s extremely disheartening to see a program that usually covers our community with respect, unwilling to correct this serious lapse in editorial judgment,” said Rashad Robinson, GLAAD’s Senior Director of Programs.
GLAAD has cited a 2009 interview in which a senior CDC official said that heterosexual black men with multiple sex partners — not bisexual men who secretly have sex with men — are responsible for high rates of HIV among black women.
In that interview, Dr. Kevin Fenton, director of the National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention, said, “We have looked to see what proportion of infections is coming from male partners who are bisexual and found there are actually relatively few.”
“More are male partners who are having female partners and are injecting drugs or using drugs or have some other risks that may put those female partners at risk of acquiring HIV,” he added.
As of late Monday, still no comment from ABC or The View.
Previously from LGBTQ Nation:

CBS plans more gay characters since receiving 'failing' score from GLAAD
Judge: AZ can't end domestic partner benefits for state employees
GLAAD gives MTV high marks in fourth annual Network Responsibility Index
'Today' show opens annual wedding contest to gay couples
Playgirl hunk Levi Johnston calls for truce with Sarah Palin after appearing on Kathy Griffin’s ‘D-List’
‘True Blood’ star Joe Manganiello smolders as werewolf Alcide
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Florida GOP candidate trifecta: no gay marriage, adoption, or foster parenting
Advocates, opponents, politicians react to today's Prop 8 ruling
Judge: AZ can't end domestic partner benefits for state employees
Saving LGBTQ youth should be our top priority
LGBT binational families seek UAFA inclusiveness
GLAAD pressures 'The View' to correct statements on HIV, African Americans
Advisory panel recommends upholding ban on blood donations from gay men
A government health committee Friday voted against rescinding the ban on gay men donating blood but also called for new research on alternative policies, citing flaws in the current rules.
The Health and Human Services Committee, in its recommendations, noted that current policy permits some potentially high-risk blood donations and prevents some possible low-risk donations. But the panel said existing research isn’t adequate to justify lifting the ban.
“This decision is outrageous, irresponsible and archaic,” Rea Carey, executive director of the National Gay and Lesbian Task Force, said in a statement.
“We expect more out of this advisory committee and this administration than to uphold an unnecessarily discriminatory policy from another era.”
The Food and Drug Administration, which regulates blood donations, has final say over the blood rules. It currently forbids any man who has had sex with another man in the last 33 years from giving blood.
The FDA policy was imposed in 1985, amidst the early days of the HIV/AIDS crisis. Experts testifying before federal health officials this week said the ban is out of step with advances in screening for HIV and other diseases.
Previously from LGBTQ Nation:

Advocates, opponents, politicians react to today's Prop 8 ruling
Judge: AZ can't end domestic partner benefits for state employees
LGBT binational families seek UAFA inclusiveness
GLAAD pressures 'The View' to correct statements on HIV, African Americans
DOMA ruling leaves Obama administration pondering next move
Federal judge rules 'Defense of Marriage Act' unconstitutional
Previously from LGBTQ Nation:

Advocates, opponents, politicians react to today's Prop 8 ruling
Judge: AZ can't end domestic partner benefits for state employees
LGBT binational families seek UAFA inclusiveness
GLAAD pressures 'The View' to correct statements on HIV, African Americans
DOMA ruling leaves Obama administration pondering next move
Federal judge rules 'Defense of Marriage Act' unconstitutional
Study: 14% of gay men in D.C. are HIV positive
More than 14 percent of gay men in the District are HIV positive, almost five times as high as the overall rate for the city’s adults and teenagers, according to a snapshot of the community released Thursday by the D.C. HIV/AIDS Administration.
Interviews with 500 gay men throughout the District found that more than 40 percent were unaware of their diagnosis before the study, even though most had seen a doctor in the past 12 months, and more than a third did not know the HIV status of their last sex partner.
“This is a wake-up call,” said D.C. Council member David A. Catania (D-At Large), 42, who is gay. “It’s time for my generation to assume greater responsibility for themselves and their partners. Just because we escaped the epidemic of the 1980s doesn’t mean we are immune.”
Of those surveyed, younger men generally had safer sex behaviors, while men older than 30 were tested less frequently, had more sex partners and used condoms less. In fact, the report found that more than 40 percent of those interviewed said they did not use a condom with their last sex partner.
Previously from LGBTQ Nation:

Judge: AZ can't end domestic partner benefits for state employees
D.C.'s highest court rejects efforts to force vote on gay marriage
GLAAD pressures 'The View' to correct statements on HIV, African Americans
Obama administration to expand family, medical leave benefits to same-sex parents
Advisory panel recommends upholding ban on blood donations from gay men
Obama orders hospital visitation rights for same-sex partners
‘In the Life’ looks at progress and efforts in fighting HIV
Over twenty million people have died from AIDS since its cause, HIV, was discovered in 1981.
Though leading scientists worldwide have dedicated their life’s work to understanding the virus, its genetic complexity is unprecedented and a cure is still beyond reach.
This month, In the Life speaks with scientists working tirelessly for a cure, advocates speaking out about the stigma of HIV, and looks at the success of a cutting edge prevention effort to stop the spread of the disease.
In “Creating Solutions,” In the Life examines the trials in development of an HIV vaccine, which remains the only hope for eradicating the virus, includes conversations with designer Kenneth Cole, chairman of the board of the Foundation for AIDS Research (amfAR), and Regan Hofmann, editor-in-chief of POZ magazine.
In the Life’s mission is to reach the largest audience possible to educate, challenge, and inspire viewers from all walks of life. To that goal, their broadcast is made available to sites such as LGBTQ Nation; please enjoy this month’s edition:
Since 1992, In the Life has been the only network series documenting the LGBT experience. Although it airs on 68% of public television stations across the country, it is relegated to timeslots in the wee hours of the morning and/or being aired inconsistently remains a problem. There remain nearly 100 channels reaching more than 30 million households in 13 states, that refuse to air In the Life at all.
For more information, or to view past editions, go to InTheLifeTV.org.
Previously from LGBTQ Nation:

Judge: AZ can't end domestic partner benefits for state employees
GLAAD pressures 'The View' to correct statements on HIV, African Americans
Obama administration to expand family, medical leave benefits to same-sex parents
Advisory panel recommends upholding ban on blood donations from gay men
Obama orders hospital visitation rights for same-sex partners
Study: 14% of gay men in D.C. are HIV positive
AMA says ‘don’t ask, don’t tell,’ gay marriage bans leave LGBT families vulnerable

The nation’s largest doctors’ group has agreed to join efforts to repeal the military’s ‘don’t ask, don’t tell’ policy, Associated Press reports:
The American Medical Association says the ‘don’t ask, don’t-tell’ law creates an ethical dilemma for gay service members and the doctors who treat them.
The AMA also voted to declare that gay marriage bans contribute to health disparities for gay couples and their children.
Marriage bans leave gay and lesbian families vulnerable to being excluded from health care benefits, health insurance and family and medical leave rights, the AMA said.
Both gay-rights policies were adopted Tuesday at the AMA’s interim policy meeting in Houston.
The health disparities policy is based on evidence showing that married couples are more likely to have health insurance, and that the uninsured have a high risk for “living sicker and dying younger,” said Dr. Peter Carmel, an AMA board member.
Same-sex families lack other benefits afforded married couples, including tax breaks, spouse benefits under retirement plans and Social Security survivor benefits — all of which can put their health at risk, according to an AMA council report presented at the meeting.
Previously from LGBTQ Nation:

Judge: AZ can't end domestic partner benefits for state employees
Choi discharged from National Guard under ‘Don’t Ask, Don’t Tell’
Study: 'Don't Ask, Don't Tell' costs U.S. taxpayers half a billion dollars
Charges dropped against gay service members over DADT protests
GLAAD pressures 'The View' to correct statements on HIV, African Americans
SLDN warns gay service members from participating in DADT survey
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LGBT groups turn up heat on Target; but is Best Buy getting off too easy?
Senate hopeful Sharron Angle: no gay rights, no gay adoptions
Advocates, opponents, politicians react to today's Prop 8 ruling
Judge: AZ can't end domestic partner benefits for state employees
Prop 8 supporters: 'We are the victims'
Study: 'Don't Ask, Don't Tell' costs U.S. taxpayers half a billion dollars
Personalized therapeutic HIV vaccine shows promise

An experimental treatment strategy involving a vaccine that is tailor-made from an HIV-positive person’s virus and immune system cells can reduce viral load and improve the function of the immune system, according to a presentation at the AIDS Vaccine 2009 conference in Paris on October 21 that was announced by the vaccine’s developer, Argos Therapeutics, and reported recently by POZ.com.
Preventive vaccines work by stimulating the immune system so that when it encounters an infectious pathogen, it will quickly respond and keep the infection from taking hold.
A therapeutic vaccine is also designed to provoke an immune response, but in people already infected with a virus or bacteria. Its aim is to help the body better control the infection. A number of therapeutic vaccines have been tried in HIV disease, but have not proved successful until now.
Jean-Pierre Routy, MD, from McGill University Health Centre in Montreal, gave one of two presentations at the AIDS Vaccine 2009 conference on AGS-004.
Routy presented data on 16 people with HIV who interrupted their antiretroviral (ARV) therapy for 12 weeks after achieving undetectable viral loads and then receiving the vaccine.
Thirteen of the 16 patients had a viral load at the end of their 12-week treatment interruption that was lower than their viral load before starting ARV treatment. The average reduction in virus was about 80 percent.
No signs of significant side effects were reported.
Full story, POZ.com.
Previously from LGBTQ Nation:

Judge: AZ can't end domestic partner benefits for state employees
GLAAD pressures 'The View' to correct statements on HIV, African Americans
Obama administration to expand family, medical leave benefits to same-sex parents
Advisory panel recommends upholding ban on blood donations from gay men
Obama orders hospital visitation rights for same-sex partners
Study: 14% of gay men in D.C. are HIV positive










President Obama on Friday called an end to the 22-year ban on travel to the United States by people tested positive for HIV, fulfilling a promise he made to gay advocates and acting to eliminate a restriction he said was “rooted in fear rather than fact.”

