Orphan’s Visit Sheds Harsh Light on US HIV/AIDS Efforts

Todd Heywood

Alan, a Ugandan orphan of the HIV/AIDS epidemic ravaging Africa, is attending school at the Nyaka AIDS Orphan School in Michigan.

EAST LANSING, Mich. — Alan has an almost cherubic face, but like any
13-year-old, there is an impish twinkle in his eyes. His throaty
laughter and smile are nearly constant as he sits eating a Cobb salad.
It is difficult to tell that he has endured more tragedy in his short
life than most Americans can dream of.

Alan is an orphan of the HIV/AIDS epidemic that is ravaging Africa.
In his native Uganda, he is considered an orphan because his father
died. On top of dealing with the stigma of having a father who died as
a result of HIV, he is also suffering from cerebral palsy, which leaves
him unable to walk, and has the tendons in his right hand strung so
tight he can’t use his thumb.

He is in Michigan as a guest of his school, the Nyaka AIDS Orphan School,
to receive surgery in hopes of gaining some use of his right hand. The
surgery is only the latest benefit the teenager is getting from his
five-year relationship with the school in Uganda.

Nyaka, which operates out of Michigan, has been offering primary
education to “the most at-need” youth since 2001 and was authorized by
the Ugandan government in 2003. The average class size is 32, whereas
the average class size for public schools in Uganda is 60 to 120. The
students get hours of instruction in math, English and other basic
subjects, as well as free breakfast and lunch.

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“Most of our students are orphans from HIV and AIDS,” said Chris Singer, communications manager for Nyaka.

“A lot of our kids live with host families we have identified or
grandmothers or family. We have almost 300 children and only five are
[HIV] positive.”

The school focuses on HIV/AIDS prevention efforts. The school’s choir goes out and sings and puts on skits about HIV.

“The skits are amazing because they are so in your face. It’s very
different than here,” Singer said. “There they have billboards all over
the place. …

“There are lot of men who prey on young girls, and they call them
sugar daddies,” said Singer. “And they have billboards that say ‘No
Sugar Daddies.’”

The messaging from the youth and the government is working. New
cases are declining, Singer said, noting that the HIV infection rate
has gone from 18 percent to seven percent. He said this is because the
government uses so-called ABC’s education on HIV prevention —
Abstinence, Be Faithful and Condoms.

Although it is working, the program limits the country’s access to
U.S. funds because it is not abstinence-only education. Nonetheless the
program’s success has made Uganda a model for fighting HIV, even
without U.S. resources.

“This disease is a litmus test for our society, and we are failing,” Singer said.

He says he sees a different response for his work in Africa than he
does for his service as a board member on the Lansing Area AIDS Network
(LAAN).

“I work for this school in Uganda and I get all this attention about how great it is. Why doesn’t LAAN get that attention?”

Stigma around the disease remains as dangerous in Africa as it does in the U.S., Singer added.

Alan said before he began attending Nyaka, he was teased for being
in a wheelchair and for being an AIDS orphan, but not anymore. Going to
school with others impacted by HIV has helped him connect.

Singer said he thinks it is time for American HIV/AIDS service organizations to work together.

“I think we can all work together for the same thing,” Singer said.

“What bothers me is that there is stigma surrounding it from all
sides. We all want the same thing. I don’t think the kids there are any
more deserving than the kids here … It is the biggest global injustice
going around. No matter what side you are on, if you fit in one of
those areas you are suffering from the injustice. We still have a large
population infected here and nobody cares.”

Analysis Law and Policy

Federal Court Says Trans Worker Can Be Fired Based on Owner’s Religious Beliefs

Jessica Mason Pieklo

“Plain and simple, this is just discrimination against a person because of who she is,” said John Knight, the director of the LGBT and HIV Project of the American Civil Liberties Union of Illinois, in an interview with Rewire.

When the U.S. Supreme Court ruled in 2014 in Burwell v. Hobby Lobby that the owners of secular for-profit businesses could challenge laws they believed infringed on their religious liberties, civil rights advocates warned that the decision was just the start of a new wave of litigation. On Thursday, those predictions came true: A federal district judge in Michigan ruled that a funeral home owner could fire a transgender worker simply for being transgender.

The language of the opinion is sweeping, even if the immediate effect of the decision is limited to the worker, Aimee Stephens, and her boss. And that has some court-watchers concerned.

“Plain and simple, this is just discrimination against a person because of who she is,” said John Knight, the director of the LGBT and HIV Project of the American Civil Liberties Union of Illinois, in an interview with Rewire.

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According to court documents, Stephens, an employee at Detroit’s R.G. & G.R. Funeral Homes, gave her boss—the business’ owner—a letter in 2013 explaining she was undergoing a gender transition. As part of her transition, she told her employer that she would soon start to present as a woman, including dressing in appropriate business attire at work that was consistent both with her identity and the company’s sex-segregated dress code policy.

Two weeks later, Stephens was fired after being told by her boss that what she was “proposing to do” was unacceptable and offensive to his religious beliefs.

In September 2014, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of Stephens, arguing the funeral home had violated Title VII of the federal Civil Rights Act, which prohibits employment discrimination. According to the EEOC, Stephens was unlawfully fired in violation of Title VII “because she is transgender, because she was transitioning from male to female, and/or because she did not conform to the employer’s gender-based expectations, preferences, or stereotypes.”

Title VII of the Civil Rights Act allows those employees who have been discriminated against in the workplace to collect money, known as civil damages. Those damages usually come in the form of lost wages, back pay, and funds to make up for—to some degree—the abuse the employee faced on the job. They are also designed to make employers more vigilant about their workplace culture. Losing an employment discrimination case for an employer can be expensive.

But attorneys representing Stephens’ employer argued that the Religious Freedom Restoration Act (RFRA) protected their client from legal liability for firing Stephens. On Thursday, a federal court agreed. It said that paying such damages for unlawfully discriminating against an employee could amount to a substantial burden on an employer’s religious beliefs. 

According to the court, despite the fact that Stephens’ boss admitted he fired her for transitioning, and despite the fact that the court found this admission to be direct evidence of employment discrimination, RFRA can be a defense against that direct discrimination. To use that defense, the court concluded, all the funeral home owner had to do was assert that his religious beliefs embraced LGBTQ discrimination. The funeral home had “met its initial burden of showing that enforcement of Title VII, and the body of sex-stereotyping case law that has developed under it, would impose a substantial burden on its ability to conduct business in accordance with its sincerely-held religious beliefs,” the court wrote.

In other words, Hobby Lobby provides employers a defense to discriminating against LGBTQ people on the basis of religious beliefs.

“The RFRA analysis is extremely troubling, and the implications of it [are] as well,” said Knight. “I believe this is the first case applying RFRA to a Title VII claim with respect to nonministerial employees.”

If the scope of the opinion were broader, Knight continued, “this would allow [employers in general] to evade and refuse to comply with uniform nondiscrimination law because of their religious views.”

This, Knight said, is what advocates were afraid of in the wake of Hobby Lobby: “It is the concern raised by all of the liberal justices in the dissent in Hobby Lobby, and it is what the majority in Hobby Lobby said the decision did not mean. [That majority] said it did not mean the end of enforcement of nondiscrimination laws.”

And yet that is exactly what we are seeing in this decision, Knight said.

According to court documents, Stephens’ boss has been a Christian for more than 65 years and testified that he believes “the Bible teaches that God creates people male or female,” that “the Bible teaches that a person’s sex is an immutable God-given gift, and that people should not deny or attempt to change their sex.” For Stephens’ former boss, Stephens’ transition to a woman was “denying” her sex. Stephens had to be fired, her boss testified, so that he would not be directly complicit in supporting the idea that “sex is a changeable social construct rather than an immutable God-given gift.”

If the “complicit in denying God’s will” sounds familiar, it should. It has been the exact argument used by businesses challenging the birth control benefit of the Affordable Care Act. Those business owners believe contraception is contrary to God’s will and that complying with federal law, which says birth control should be treated in insurance policies as any other preventive service, makes them complicit in sin. Thursday’s decision cites Hobby Lobby directly to support the court’s conclusion that complying with federal nondiscrimination law can be avoided by asserting a religious objection.

Think of the implications, should other courts follow this lead. Conservatives have, in the past, launched religious objections to child labor laws, the minimum wage, interracial marriage, and renting housing to single parents—to name a few. Those early legal challenges were unsuccessful, in part because they were based on constitutional claims. Hobby Lobby changed all that, opening the door for religious conservatives to launch all kinds of protests against laws they disagree with.

And though the complaint may be framed as religious objections to birth control, to LGBTQ people generally, and whatever other social issue that rankles conservatives, these cases are so much more than that. They are about corporate interests trying to evade regulations that both advance social equity and punish financially those businesses that refuse to follow the law. Thursday’s opinion represents the next, troubling evolution of that litigation.

CORRECTION: This article has been updated to clarify John Knight’s position with the American Civil Liberties Union of Illinois.

Commentary Violence

When It Comes to Threats, Online or on the Campaign Trail, It’s Not Up to Women to ‘Suck It Up’

Lauren Rankin

Threats of violence toward women are commonplace on the internet for the same reason that they are increasingly common at Donald Trump rallies: They are effective at perpetuating violence against women as the norm.

Bizarre and inflammatory rhetoric is nothing new for this election. In fact, the Republican presidential candidate has made an entire campaign out of it. But during a rally last Tuesday, Donald Trump sunk to a new level. He lamented that if Hillary Clinton is elected president in November, there will be no way to stop her from making judicial nominations.

He said, “By the way, and if she gets to pick her judges, nothing you can do, folks. Although the Second Amendment people, maybe there is, I don’t know.”

For a candidate marred by offensive comment after offensive comment, this language represents a new low, because, as many immediately explained, Trump appears to be making a veiled threat against Clinton, whether he had intended to or not.

Sen. Elizabeth Warren (D-MA) called it a “death threat” and Dan Rather, former CBS Evening News host, called it a “direct threat of violence against a political rival.” Former President Ronald Reagan’s daughter Patti Davis said it was “horrifying,” and even the author of an NRA-linked blog initially tweeted, “That was a threat of violence. As a real supporter of the #2A it’s appalling to me,” before deleting the tweet as the NRA expressed support for Trump.

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This kind of language is violent in nature on its face, but it is also gendered, following in a long line of misogynistic rhetoric this election season. Chants of “kill the bitch” and “hang the bitch” have become common at Trump rallies. These aren’t solely examples of bitter political sniping; these are overt calls for violence.

When women speak out or assert ourselves, we are challenging long-held cultural norms about women’s place and role in society. Offensively gendered language represents an attempt to maintain the status quo. We’ve seen this violent rhetoric online as well. That isn’t an accident. When individuals throw pejorative terms at those of who refuse to be silenced, they are attempting to render public spaces, online or on the campaign trail, unsafe for us.

There is no shortage of examples demonstrating how individuals who feel threatened by subtle power shifts happening in our society have pushed back against those changes. The interactions happening online, on various social media platforms, offer the most vivid examples of the ways in which people are doing their best to try to make public spaces as uncomfortable as possible for marginalized populations.

Social media offers the opportunity for those whose voices are routinely ignored to hold power in a new way. It is a slow but real shift from old, more traditional structures of privileging certain voices to a more egalitarian megaphone, of sorts.

For marginalized populations, particularly women of color and transgender women, social media can provide an opportunity to be seen and heard in ways that didn’t exist before. But it also means coming up against a wall of opposition, often represented in a mundane but omnipresent flow of hatred, abuse, and violent threats from misogynist trolls.

The internet has proven to be a hostile place for women. According to a report from the United Nations, almost three quarters of women online have been exposed to some form of cyber violence. As someone who has received threats of violence myself, I know what it feels like to have sharing your voice met with rage. There are women who experience this kind of violent rhetoric to an even greater degree than I could ever dream.

The list of women who have been inundated with threats of violence could go on for days. Women like Zerlina Maxwell, who was showered with rape threats after saying that we should teach men not to rape; Lindy West received hundreds upon hundreds of violent and threatening messages after she said that she didn’t think rape jokes were funny; Leslie Jones, star of Ghostbusters and Saturday Night Live, was driven off of Twitter after a coordinated attack of racist, sexist, and violent language against her.

And yet, rarely are such threats taken seriously by the broader community, including by those able to do something about it.

Many people remain woefully unaware of how cruel and outright scary it can be for women online, particularly women with prolific digital profiles. Some simply refuse to see it as a real issue, declaring that “It’s just the internet!” and therefore not indicative of potential physical violence. Law enforcement doesn’t even have a solution, often unwilling to take these threats seriously, as Amanda Hess found out.

This kind of response is reflected in those who are trying to defend Donald Trump after the seemingly indefensible. Despite the overwhelming criticism from many, including some renowned Republicans, we have also seen some Trump supporters try to diminish or outright erase the violent aspect of this clearly threatening rhetoric. Sen. Roy Blunt (R-MO) and former mayor of New York City Rudy Giuliani have both said that they assumed Trump meant get rid of her “by voting.” Speaker of the House Paul Ryan (R-WI) said that it “sounds like just a joke gone bad.”

The violent nature of Donald Trump’s comments seem apparent to almost everyone who heard him. To try to dismiss it as a “joke” or insist that it is those who are offended that are wrong is itself harmful. This is textbook gaslighting, a form of psychological abuse in which a victim’s reality is eroded by telling them that what they experienced isn’t true.

But gaslighting has played a major role in Donald Trump’s campaign, with some of his supporters insisting that it is his critics who are overreacting—that it is a culture of political correctness, rather than his inflammatory and oppressive rhetoric, that is the real problem.

This is exactly what women experience online nearly every day, and we are essentially told to just suck it up, that it’s just the internet, that it’s not real. But tell that to Jessica Valenti, who received a death and rape threat against her 5-year-old daughter. Tell that to Anita Sarkeesian, who had to cancel a speech at Utah State after receiving a death threat against her and the entire school. Tell that to Brianna Wu, a game developer who had to flee her home after death threats. Tell that to Hillary Clinton, who is trying to make history as the first woman president, only to have her life threatened by citizens, campaign advisers, and now through a dog whistle spoken by the Republican presidential candidate himself.

Threats of violence toward women are commonplace on the internet for the same reason that they are increasingly common at Donald Trump’s rallies: They are effective at perpetuating violence against women as the norm.

Language matters. When that language is cruel, aggressive, or outright violent, it doesn’t exist in a vacuum, and it doesn’t come without consequences. There is a reason that it is culturally unacceptable to say certain words like “cunt” and other derogatory terms; they have a history of harm and oppression, and they are often directly tied to acts of violence. When someone tweets a woman “I hope your boyfriend beats you,” it isn’t just a trolling comment; it reflects the fact that in the United States, more women are killed by intimate partners than by any other perpetrator, that three or more women die every day from intimate partner violence. When Donald Trump not only refuses to decry calls of violence and hate speech at his rallies but in fact comes across as threatening his female opponent, it isn’t just an inflammatory gaffe; it reflects the fact that one in three women have experienced physical or sexual violence.

Threats of violence have no place in presidential campaigns, but they also have no place online, either. Until we commit ourselves to rooting out violent language against women and to making public spaces safer and more accommodating for women and all marginalized people, Trump’s comments are just par for the course.

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