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U.S. Senate Approves Repeal of Discriminatory HIV Travel and Immigration Ban

Posted Jul 18 2008 12:00am

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7/17/2008

Washington – The Human Rights Campaign, the nation’s largest gay, lesbian, bisexual and transgender civil rights organization, praised the U.S. Senate today for approving the repeal of our nation’s discriminatory law barring HIV-positive visitors and immigrants. Senators John Kerry (D-MA) and Gordon Smith (R-OR) secured a provision to repeal this ban in the Senate’s legislation to reauthorize PEPFAR, the President’s Emergency Plan for AIDS Relief.  The PEPFAR bill passed the Senate today with the Kerry-Smith provision by a vote of 80 to 16 and now moves to conference committee before being sent to the President.

Senator Jeff Sessions (R-AL) had introduced an amendment to strike the Kerry-Smith provision from the PEFPAR bill. However, the efforts of Senators Kerry and Smith in addition to robust advocacy from HRC and our coalition partners secured enough opposition to the Sessions amendment that the Senator agreed not to bring it forward for a vote.

"We applaud the Senate for rejecting this unjust and sweeping policy that deems HIV-positive individuals inadmissible to the United States," said Human Rights Campaign President Joe Solmonese.  "We call on the leaders of the House and Senate to retain the Kerry-Smith provision in conference and ensure it is included in the final legislation sent to the President’s desk."

"The HIV ban is ineffective, unnecessary, and simply bad public health policy," said Rachel B. Tiven, executive director of Immigration Equality.  "It is especially harmful to gay and lesbian families, who do not benefit from the waiver available to opposite-sex couples.  The Senate’s change is welcome, and long overdue."

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