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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 Ā 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“The outdated ban on HIV-positive organ donation left countless infected, but otherwise healthy organs unused while condemning thousands of people living with HIV to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 achievingĀ building a bipartisan, bicameral consensus.

ā€œThis 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.ā€

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 doesnā€™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 itā€™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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National

House Republicans propose steep cuts in federal AIDS budget

Advocacy groups say move would eliminate ā€˜Ending HIV Epidemicā€™ initiative

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The Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

The Republican-controlled U.S. House Subcommittee on Labor, Health, and Human Services, Education, and Related Agencies approved a spending bill on June 26 that calls for cutting at least $419 million from federal AIDS programs that AIDS activists say would have a devastating impact on efforts to greatly reduce the number of new HIV infections by 2030.

The subcommitteeā€™s proposed bill, which includes billions of dollars in cuts in a wide range of other federal health, education, and human services related programs, is scheduled to be considered by the full House Appropriations Committee on July 10. Officials with AIDS advocacy groups say they are hopeful that the full committee, like last year, will refuse to approve the proposed cuts in the AIDS budget.

The proposed GOP cuts would eliminate $214 million from the U.S. Centers for Disease Control and Preventionā€™s HIV prevention programs, $190 million from the Ryan White HIV/AIDS Program, and $15 million from the Department of Health and Human Services Secretaryā€™s Minority HIV/AIDS Program.

Activists say the impact of those cuts would kill the federal governmentā€™s Ending the HIV Epidemic initiative, which among other things, calls for reducing the number of new HIV infections in the U.S. by 75 percent by 2025 and by 90 percent by 2030. The activists point out that ironically the Ending the HIV Epidemic initiative was launched during the administration of President Donald Trump.

 ā€œInstead of providing new investments in ending HIV by increasing funding for testing, prevention programs, such as PrEP, and life-saving care and treatment, House Republicans are again choosing to go through a worthless exercise of cutting programs that the American people depend on and will never pass,ā€ said Carl Schmid, executive director of the HIV + Hepatitis Policy Institute.

ā€œWhile we vigorously fight these cuts, we look forward to working with the entire Congress in a bipartisan fashion on spending bills that can actually become law,ā€ Schmid said in a statement.

 Schmid noted that the bill also includes provisions known as ā€œpolicy ridersā€ that would take away rights and protections from women, such as access to birth control and abortion, and for minorities, including LGBTQ people.

According to a statement released by the office of Rep. Rosa DeLauro (D-Conn.), who is the ranking minority member of the House Appropriations Committee, one of the policy riders would ā€œblock the Biden administrationā€™s policies to ensure nondiscrimination on the basis of gender identity and sexual orientation.ā€™  The statement says another policy rider would ā€œprevent policies or programs intended to promote diversity, equality, or inclusion.ā€

Most political observers believe the Democratic-controlled U.S. Senate would also kill the GOP proposed policy riders and cuts in the AIDS budget if the full Republican-controlled House were to approve the budget bill passed by the appropriations subcommittee.

Rep, Tom Cole (R-Okla.), who serves as chair of the full House Appropriations Committee, released a statement on June 27 defending the  subcommitteeā€™s bill and its proposed spending cuts. ā€œThe bill provides appropriate and fiscally responsible funding to ensure these departments can continue to perform their core missions while also acknowledging the fiscal realities facing our nation,ā€ he said.

ā€œImportantly, the bill pushes back on the Biden administrationā€™s out-of-touch progressive policy agenda, preventing this White House from finalizing or implementing controversial rules or executive orders,ā€ Cole said in his statement. ā€œIt also preserves long standing bipartisan policy provisions protecting the right to life.ā€

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Virginia

Man went on ā€˜homophobic rantā€™ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

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Justin Wayne Hendricks was arrested in the case. (Photo courtesy of the Fairfax County Adult Detention Center)

The Hawk & Griffin British Pub located in Vienna, Va.,  posted a message on Facebook last week saying a man was arrested after going on a ā€œhomophobic rantā€ inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

ā€œLast night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,ā€ the Hawk & Griffin Facebook posting says. ā€œHe then spit on our windows and came inside to confront our staff and patrons with homophobic rants,ā€ the posting continues.

ā€œOur manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,ā€ the message says. ā€œWe want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,ā€ the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being ā€œdrunk in publicā€ and  providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

ā€œOn Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,ā€ a Vienna police statement says. ā€œUpon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,ā€ according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldnā€™t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealthā€™s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

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Politics

HRC slams White House over position opposing gender affirming surgeries for minors

ā€˜Biden administration is flat wrong on thisā€™

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Human Rights Campaign President Kelley Robinson (Washington Blade photo by Michael Key)

Human Rights Campaign President Kelley Robinson issued a strong rebuke on Tuesday of the Biden-Harris administration’s position opposing gender affirming surgeries for minors.

The New York Times reported on June 28 that the White House, which broadly supports making medical interventions available for transgender youth, had expressed opposition to surgeries for patients under 18, having previously declined to take a specific position on the question.

ā€œHealth care decisions for young people belong between a patient, their family, and their health care provider. Trans youth are no exception,” Robinson responded. 

ā€œThe Biden administration is flat wrong on this. Itā€™s wrong on the science and wrong on the substance. Itā€™s also inconsistent with other steps the administration has taken to support transgender youth. The Biden administration, and every elected official, need to leave these decisions to families, doctors and patientsā€”where they belong,” she added. “Although transgender young people make up an extremely small percentage of youth in this country, the care they receive is based on decades of clinical research and is backed by every major medical association in the U.S. representing over 1.3 million doctors.”

Robinson said the “administration has committed to fight any ban on healthcare for transgender youth and must continue this without hesitationā€”the entire community is watching.” 

ā€œNo parent should ever be put in the position where they and their doctor agree on one course of action, supported by the overwhelming majority of medical experts, but the government forbids it,ā€ she added.

HRC is a prominent backer of Biden’s 2024 reelection campaign, having pledged $15 million to support efforts in six battleground states. The organization has a strong relationship with the White House, with the president and first lady headlining last year’s National Dinner.

A White House spokesperson declined to respond to Robinson’s statement.

Campaign for Southern Equality President Allison Scott also issued a statement.

ā€œThis is a cowardly statement from an administration that promised to support transgender people. It is a troubling concession to the right-wing assault on transgender Americans, falling for their false narratives about surgical care and betraying a commitment to equality and trust in the medical community,ā€ said Scott.

ā€œLetā€™s be very, very clear: Government has no business inserting itself into private medical decisions that should be exclusively between patients, their providers, and the patientsā€™ parent or guardian,” Scott added.

“It is dangerous to begin endorsing categorical bans or limits on healthcare, and there is no justification for restricting transgender youthā€™s access to the very same care that many cisgender youth receive every year ā€” thatā€™s literally the definition of discrimination,” Scott concluded. “We demand the Biden administration retract this thoughtless statement and work to undo its damage.ā€ 

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