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Obama signs bill for HIV organ donation

Lifting of ban opens organ donor pool by 500 to 600 people annually

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Citizens Metal, Barack Obama, gay news, Washington Blade
Citizens Metal, Barack Obama, gay news, Washington Blade

President Obama signed into law a bill on Thursday allowing people with HIV to donate organs (Washington Blade file photo by Michael Key).

President Obama signed into law on Thursday afternoon a bill approved by Congress with significant bipartisan support that lifts the ban on the donation of organs from HIV-positive people to others with HIV.

In a statement, Obama said he signed the legislation, called the HIV Organ Policy Equity Act, or HOPE Act, to provide the opportunity for people with HIV to receive organ donations.

“The potential for successful organ transplants between people living with HIV has become more of a possibility,” Obama said. “The HOPE Act lifts the research ban, and, in time, it could lead to live-saving organ donations for people living with HIV while ensuring the safety of the organ transplant process and strengthening the national supply of organs for all who need them.”

First enacted in 1988 during the peak of AIDS crisis, the ban on the donation of organs from HIV-positive donors and related research was passed by Congress as part of the Organ Transplant Amendments Act.

Efforts to repeal the ban picked up steam now that HIV-positive people are living longer lives thanks to advances in antiretroviral therapy. Despite their new longevity, these patients are now more likely to face chronic conditions such as liver and kidney failure, for which organ transplants are the standard form of care.

Kyle Murphy, a spokesperson for the National Minority AIDS Council, said the bill signing demonstrates  Obama is committed to “evidence-based solutions” to confronting HIV/AIDS.

“The outdated ban on HIV-positive organ donation left countless infected, but otherwise healthy organs unused while condemning thousands of people living with HIV to languish on transplant wait lists,” Murphy said. “Reforming this policy not only gives hope HIV-positive individuals in need of a new organ, it will also free up uninfected organs for HIV-negative patients.”

The U.S. House passed the HOPE Act by voice vote on Nov. 12. Although versions of the legislation were introduced in both chambers of Congress, the House approved the Senate-passed version, which the Senate approved in June by unanimous consent.

In the Senate, the bill was introduced by Sens. Barbara Boxer (D-Calif.) along with Tammy Baldwin (D-Wis.), Tom Coburn (R-Okla.) and Rand Paul (R-Ky.) as original co-sponsors. In the House, Reps. Lois Capps (D-Calif.) was lead sponsor and Andy Harris (R-Md.) was an original co-sponsor.

Capps said in a statement the legislation was crafted after years of work and passed in collaboration with the HIV and medical communities after achieving building a bipartisan, bicameral consensus.

“This proves that even in a divided Congress, we can come together to pass common sense bills with bipartisan efforts that will help save lives, improve health outcomes, and save taxpayer dollars,” Capps said.

Harris, a physician, said in a statement the legislation “gives new hope” to people with HIV awaiting organ transplants.

“As a physician who has performed anesthesia during organ transplants, I have seen firsthand the life-saving joy that receiving an organ can bring to patients and their families,” Harris said. “I appreciate the bipartisan support this common sense change to an outdated law has received.”

Under the HOPE Act, the Department of Health & Human Services and the Organ Procurement Transplant Network, or OPTN, will be directed to create standards for research on HIV-positive organ transplantation. The law permits the secretary to permit positive-to-positive transplantation if the results of research are determined to warrant such a change. The secretary would be required to direct OPTN to create standards to ensure that the organ transplant doesn’t impact the safety of the transplantation network.

An estimated 100,000 patients are on the active waiting list for organ transplants in the United States and about 50,000 people are added to the list each year. According to a study in the American Journal of Transplantation, allowing organ transplants from HIV-positive donors to HIV-positive recipients could increase the organ donation pool by 500 to 600 donors each year.

Obama concluded in his statement that lifting the ban on HIV organ donation is line with his previous efforts to confront the HIV/AIDS epidemic.

“Improving care for people living with HIV is critical to fighting the epidemic, and it’s a key goal of my National HIV/AIDS Strategy,” Obama said. “The HOPE Act marks an important step in the right direction, and I thank Congress for their action.”

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District of Columbia

Bowser appoints first nonbinary person to Cabinet-level position

Peter Stephan named Office of Disability Rights interim director

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The Wilson Building (Bigstock photo by Leonid Andronov)

D.C. Mayor Muriel Bower has named longtime disability rights advocate Peter L. Stephan, who identifies as nonbinary, as interim director of the D.C. Office of Disability Rights.

The local transgender and nonbinary advocacy group Our Trans Capital and the LGBTQ group Capital Stonewall Democrats issued a joint statement calling Stephan’s appointment an historic development as the first-ever appointment of a nonbinary person to a Cabinet-level D.C. government position.

“This milestone appointment recognizes Stephan’s extensive expertise in disability rights advocacy and marks a historic advancement for transgender and nonbinary representation in District government leadership,” the statement says.

The statement notes that Stephan, an attorney, held the position of general counsel at the Office of Disability Rights immediately prior to the mayor’s decision to name him interim director.

The mayor’s office didn’t immediately respond to a question from the Washington Blade asking if Bowser plans to name Stephan as the permanent director of the Office of Disability Rights. John Fanning, a spokesperson for D.C. Council member Anita Bonds (D-At-Large), said the office’s director position requires confirmation by the Council.

Stephan couldn’t immediately be reached for comment.

“At a time when trans and nonbinary people ae under attack across the country, D.C. continues to lead by example,” said Stevie McCarty, president of Capital Stonewall Democrats. “This appointment reflects what we have always believed that our community is always strongest when every voice is represented in government,” he said.

“This is a historic step forward,” said Vida Rengel, founder of Our Trans Capital. “Interim Director Stephan’s career and accomplishments are a shining example of the positive impact that trans and nonbinary public servants can have on our communities,” according to Rangel. 

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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Senegal

Senegalese lawmakers approve bill to further criminalize homosexuality

A dozen men arrested in February for ‘unnatural acts’

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(Image by xileodesigns/Bigstock)

Senegalese lawmakers on Wednesday approved a bill that would further criminalize consensual same-sex sexual relations in the country.

The Associated Press notes the measure that Prime Minister Ousmane Sonko introduced in February would increase the penalty for anyone convicted of engaging in consensual same-sex sexual relations from one to five years in prison to five to 10 years. The AP further indicates the bill would prohibit the “promotion” or “financing” of homosexuality in the country.

The bill passed with near unanimous support. Only three of 135 MPs abstained.

President Bassirou Diomaye Faye is expected to sign the measure.

The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in Senegal.

Senegalese police last month arrested a dozen men and charged them with committing “unnatural acts.”

Volker Türk, the U.N. high commissioner for human rights, in a statement described the bill as “deeply worrying.”

“It flies in the face of the sacrosanct human rights we all enjoy: the rights to respect, dignity, privacy, equality and freedoms of expression, association, and peaceful assembly,” he said.

Türk also urged Faye not to sign the bill.

“I urge the president not to sign this harmful law into effect, and for authorities to repeal the existing discriminatory law and to uphold the human rights of all in Senegal, without discrimination,” said Türk. 

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