California's Law & HIV Positive

AIDS has killed more than 25 million people since being identified in 1981. Upon discovery, researchers sought medical solutions as lawmakers sought legal solutions. California legislators established laws to ensure public safety while protecting the rights of HIV-positive individuals.

History

• The first cases of AIDS were recognized in New York and California. In 1992, AIDS became the leading cause of death in men ages 25-44 in the United States.

Misconceptions

• AIDS is not spread by casual contact.

  Rumors, fear, and misconceptions about AIDS were widespread in the 1980s and beyond. In some instances, HIV-positive tenants were evicted from New York apartments by landlords fearing spread of the disease. In 1987, the American Red Cross launched a campaign with the slogan "Rumors are Spreading Faster than AIDS" to correct misinformation about the spread of AIDS through casual contact such as handshakes and shared apartment housing.

Considerations

• California lawmakers instituted laws to protect individuals, combat misconceptions, and protect others from infection. California law states that any individual who knows he is HIV positive and "exposes another to HIV by engaging in unprotected sexual activity is guilty of a felony..." The California Supreme Court determined in 2006 that individuals who "have good reason to know that they may be infected with the virus" are responsible for informing sexual partners of the HIV exposure risk.

Effects

• California law prohibits discrimination against individuals infected with HIV.

  California law includes provisions for AIDS education prevention in schools and prevention of discrimination in employment, public accommodations, business transactions and housing for HIV positive individuals. Victims of crime, health care providers and others who may have been exposed to HIV are entitled to know the HIV test results of persons who possibly infected them.