James Hormel, the first openly gay U.S. ambassador and a philanthropist who funded organizations to fight AIDS and promote human rights, has died. He was 88.
Hormel died Friday at a San Francisco hospital with his husband, Michael, at his side and while listening to his favorite Beethoven concerto, the San Francisco Chronicle reported.
Sen. Dianne Feinstein, D-California, praised Hormel as a civil rights pioneer who lived “an extraordinary life.”
“I will miss his kind heart and generous spirit. It’s those qualities that made him such an inspirational figure and beloved part of our city,” she said.
In 1997, then-President Bill Clinton nominated Hormel to become U.S. ambassador to Luxembourg. Conservative Senate Republicans blocked the nomination. But two years later, Clinton used executive privilege to appoint him during the Congressional recess.
“The process was very long and strenuous, arduous, insulting, full of misleading statements, full of lies, full of deceit, full of antagonism,” Hormel said during a West Hollywood, California, bookshop visit in 2012 to promote his memoir, “Fit to Serve.”
He never received confirmation through a Senate floor vote but “ultimately a great deal was achieved,” he told the audience. “Ultimately, regulations were changed in the State Department. Ultimately, other openly gay individuals were appointed without the rancor that went into my case.”
U.S. Secretary of Transportation Pete Buttigieg, who is openly gay, has said that as a teenager he was inspired by Hormel’s confirmation fight.
“I can remember watching the news,” he said after his nomination by President Joe Biden. “And I learned something about some of the limits that exist in this country when it comes to who is allowed to belong. But just as important, I saw how those limits could be challenged.”
Hormel held the ambassadorship from June 1999 through 2000.
Clinton and his wife, former Secretary of State Hillary Clinton, said they were deeply saddened by Hormel’s death.
“Jim devoted his life to advancing the rights and dignity of all people, and in his trailblazing service in the diplomatic corps, he represented the United States with honor and brought us closer to living out the meaning of a more perfect union,” the Clintons said in a statement.
U.S. House Speaker Nancy Pelosi, who officiated at Hormel’s wedding to his husband, said Hormel “made it his mission to fight for dignity and equality for all” and noted his philanthropic contributions to health, artistic and educational organizations.
“When the AIDS epidemic descended upon San Francisco, he called on our conscience and rallied the city to help our neighbors suffering from the ferocious disease,” Pelosi said in a statement. “His work served as a model for national policy to defeat HIV/AIDS and improve the lives of all affected.”
Hormel was an heir to the Hormel Foods fortune. Born in Austin, Minnesota, Hormel married his college sweetheart, Alice McElroy Parker, and had five children before divorcing in 1965. He moved to San Francisco in 1977.
He was a former dean of students at the University of Chicago law school, where he received a degree.
Hormel co-founded the Human Rights Campaign and helped fund many activities geared to arts, education and human rights, including a gay and lesbian center at the San Francisco Public Library; the National AIDS Memorial Grove; the American Foundation for AIDS Research; and the American Conservatory Theater.
In addition to his husband, Hormel is survived by five children, 14 grandchildren and seven great-grandchildren.
Some LGBTQ OnlyFans creators say the changes could jeopardize one of their primary sources of income during the Covid-19 pandemic.
Many sex workers, such as Stacey Monroe, 27, have been using OnlyFans to create sexually explicit video content and photos during the pandemic because they can’t see clients in person safely.
Monroe said she left her career in health care to focus on advocating for transgender rights after she faced discrimination from multiple past employers because she’s a trans woman. “However, being an activist is really a volunteer job, so there was no pay,” she said. In 2018, sex work “helped me and my sister get through our housing crisis and so many other things. It became our form of survival.”
Stacey Monroe said OnlyFans’ policy change could jeopardize 40 to 50 percent of her income.Pedro Morales
Sex work has helped them maintain stability without facing employment discrimination. Now, Monroe said, 40 percent to 50 percent of her income comes from OnlyFans subscriptions.
“If I’m not able to see customers in person, then I do have to try to make OnlyFans content and things like that, so now I’m kind of in limbo trying to figure out what am I going to do on October 1 and trying to see if there’s a loophole or anything to work around the policy,” she said.
OnlyFans’ new policy will allow creators to continue to post nude photos as long as they are consistent with the platform’s acceptable use policy, but it will prohibit “the posting of any content containing sexually-explicit conduct,” a spokesperson said in a statement.
“In order to ensure the long-term sustainability of the platform, and to continue to host an inclusive community of creators and fans, we must evolve our content guidelines,” the statement says. “These changes are to comply with the requests of our banking partners and payout providers. We will be sharing more details in the coming days and we will actively support and guide our creators through this change in content guidelines.” https://iframe.nbcnews.com/U5CK7jN?app=1
The spokesperson declined to comment on when a nude photo could be considered sexually explicit or who would screen content and decide whether it violates the policy.
OnlyFans has provided a legal avenue for people to participate in sex work. Subscribers pay monthly or yearly fees in exchange for pornographic content or one-on-one live video chats with creators, among other content.
Transgender people are more likely than the general population to participate in sex work for a variety of reasons. As a result, many LGBTQ sex workers said the community is disproportionately — and negatively — affected by OnlyFans’ policy change.
A form of survival for trans people
In 2018, Monroe and her sister, who is also trans, were facing homelessness.
“We were sleeping in our car. We had contemplated suicide,” she said. “We just really didn’t have any options. We were going to homeless shelters, and they were telling us that we were not allowed there because we were trans and they didn’t know how to accommodate us.”
With support from their community, they were able to get back on their feet, and sex work has since helped them survive, Monroe said.
Monroe’s experiences of job discrimination and homelessness are common among trans people — including trans people who participate in sex work.
A 2015 survey found that 10.8 percent of trans respondents had participated in some form of sex work, with rates the highest among Black trans respondents (39.9 percent) and Hispanic or Latino respondents (33.2 percent). Transfeminine respondents were twice as likely to participate in the sex trade, at 13.1 percent, compared to transmasculine respondents, at 7.1 percent.
The survey found that more than two-thirds (69.3 percent) of trans sex workers reported having experienced adverse job outcomes in the traditional workforce, such as being denied jobs or promotions or being fired because of their gender identity or expression. In addition, those who lost jobs because of anti-trans bias were about 2 ½ times as likely to engage in the sex trade (19.9 percent vs. 7.7 percent of respondents who didn’t lose jobs because of anti-trans bias).
The OnlyFans log in page on a laptop in New York, on June 17, 2021.Gabby Jones / Bloomberg via Getty Images file
Monroe said sex work is a form of survival for many trans people, because it allows them to earn enough money to get safe housing.
OnlyFans has provided a safer — and legal — outlet for people to engage in sex work, especially trans people, who often face violence. At least 34 trans and gender-nonconforming people have been killed this year. Most of them were Black trans women, according to the Human Rights Campaign, and some of them were also sex workers, according to memorial posts and local reports.
Monroe said some trans people use OnlyFans to pay their bills and get health care, such as hormones, during the pandemic. As a result, the policy change could affect trans creators in many ways if it’s their primary form of income.
“A lot of us have found safety in not having to see customers in person, one, because of Covid-19, and two, because of the violence against trans people and how it’s been increasingly just getting worse and worse over the years,” she said. “It’s horrible. So we are going to be facing more safety issues, more issues with housing, medical, trying to just survive in general.”
Jeopardizing stability, safe space
Z, 27, said OnlyFans has provided them with a stable and safe source of income during the pandemic. They asked to go by their initial because they hope to get a job outside sex work in the future.
They are immunocompromised and disabled and were unable to leave their home at all before a Covid-19 vaccine was available.
They began using OnlyFans in November to sell lewd photos. They incorporated their mobility devices into shoots and described themself as openly queer. In their first month using the platform, they said, they doubled their average monthly income and were able to hire a personal care attendant to help them with their physical therapy exercises and daily activities, such as washing their hair and prepping meals.
They said the OnlyFans policy change will affect them because they don’t have an audience for the type of content that OnlyFans now says is within its terms of service, though they noted that they won’t be as affected as other creators who do more video content.
“I think that when you are specifically advertising sex worker services and then those services are no longer what you’re able to provide, nobody’s going to be there for that,” they said. “I don’t foresee getting a lot of income from people who would just want to see pictures of my smiling face every day.”
OnlyFans no longer makes up the bulk of Z’s income, but they said it does provide them with a few hundred dollars a month, which can cover their physical therapy, medication or groceries.
OnlyFans is used primarily by sex workers who sell pornographic content, but creator GothyKitten, 33, who asked to go by their username on the platform, used it to share time-lapse photos of their surgery site after they had gender-affirming surgery. They uploaded a year’s worth of images in late December.
“A couple folks have said that it really helped them with considering surgery, and everyone who asked for it said they couldn’t find any other resources as detailed,” they said. OnlyFans’ new acceptable use policy will ban “any exhibition of the anus or genitals of any person which is extreme or offensive,” and it doesn’t define “extreme” or “offensive,” leaving GothyKitten uncertain whether their content will be removed.
For now, they’ve created an account on AdmireMe.vip, a site that posted a message of support to sex workers after OnlyFans announced its policy change.https://iframe.nbcnews.com/468GgCb?app=1
For some LGBTQ OnlyFans creators, like Jack Mackenroth, 52, the platform’s new policy is disappointing but not necessarily negative. Mackenroth created an OnlyFans account to share gay pornographic content shortly after the site started in 2016.
He said that the site isn’t user friendly and that there are better platforms that were created by sex workers, like JustFor.fans, which also shared a message about OnlyFans’ policy.https://iframe.nbcnews.com/h8cOaI7?app=1
Sex workers made OnlyFans “what they are,” Mackenroth said, and now it won’t fight for the creators who helped build the site. “They seem to be fair-weather friends, and I don’t need those,” he said.
He encouraged OnlyFans creators to move their content to other platforms and diversify their sources of income.
Jack Mackenroth attends “The Imitation Game” NYC premiere on Nov. 17, 2014. Jim Spellman / WireImage – Getty Images file
LaLa Zannell, the Trans Justice Campaign manager at the American Civil Liberties Union, said being able to change platforms is a privilege not all sex workers have.
“A person who is navigating just surviving, navigating transphobia, xenophobia and homelessness doesn’t have time to create a whole new following on a new platform,” she said.
A number of websites that sex workers used, such as Backpage and Tumblr, were also shut down or changed their policies in ways that negatively affected sex workers, she said, in part because of policy changes by financial institutions that process their payments.
OnlyFans and similar sites have also faced pressure from conservative representatives and advocacy groups. Rep. Paul Gosar, R-Ariz., applauded the policy change, calling it “a remedy to child exploitation” in a tweet last week.
Gosar wrote a letter to the attorney general about a week before the site announced its policy change requesting an investigation into OnlyFans “for promoting, and profiting from, online prostitution.” The bipartisan letter was signed by more than 100 other members of Congress.
Gosar wrote on Twitter that the Justice Department had found that minors were getting through OnlyFans’ vetting process, which requires creators to have bank accounts, government IDs and face scans to ensure that their faces match the provided ID.
The Justice Department did not immediately respond to NBC News’ request for comment.https://iframe.nbcnews.com/48BjpYS?app=1
Zannell said banning pornographic content from platforms isn’t a solution, because it will just move to new platforms. But users’ constantly changing platforms isn’t, either, she said. She added that she’d like to have a sit-down with banking institutions, as well as anti-pornography and anti-sex-trafficking groups — which she said are among those pressuring banking institutions to clamp down on sites like OnlyFans — to “actually have a real conversation and carve out a real goal where all parties online can be on neutral ground, because sex work is real work.”
Two newlywed women were found fatally shot at their southeastern Utah campsite, officials said, days after telling friends they were worried about a “creepy guy” who had been lurking nearby.
The bodies of Crystal Michelle Turner, 38, and wife Kylen Carrol Schulte, 24, were discovered Wednesday off La Sal Loop Road in Moab, Utah, about 260 miles southeast of Salt Lake City, according to a statement from the Grand County sheriff.
Kylen Schulte and Crystal Turner.Courtesy Bridget Calvert
“At this time the Grand County Sheriff’s Office is conducting an on-going homicide investigation,” the statement said. “We are currently following up with any and all leads that come to our attention during this investigation and will continue to be available to people who come forward with information. The Grand County Sheriff’s Office believes there is no current danger to the public in the Grand County area.”
The statement did not elaborate on why “there is no current danger to the public,” and a sheriff’s department representative could not be immediately reached for comment Monday.
Turner and Schulte lived a bohemian lifestyle, moving to various campsites, Schulte’s aunt, Bridget Calvert, told NBC News on Monday.
Friends and co-workers started worrying about them when Turner missed work and Schulte was a no-show at her job.
Days before going missing, Turner and Schulte met friends at a local bar and told them they were worried about someone camping nearby.
Kylen Schulte.Courtesy Bridget Calvert
“They said they needed to move their campsite because of some creepy guy at their campsite,” Calvert said. “These are outdoors girls, and they’re independent and confident. And for somebody to make them feel uncomfortable, it had to be a very valid discomfort.”
The couple, married just in April, enjoyed a carefree lifestyle moving around in their converted van.
“That’s how they lived. They enjoyed life and didn’t worry about material things,” Calvert said. “There’s no clear motive. The entire community loved them. They’re amazing people.”
Woody’s Tavern said Turner and Schulte were at that bar the weekend before their bodies were discovered and has turned over surveillance video to law enforcement.
“At no time were they approached by anyone except my staff and the entire time they were relaxed and enjoying their time with their friends and each other,” according to a statement from the tavern on Sunday. “These two women were very much in love with each other and their focus and attention were always on each other.”
Chinese tech giant Tencent’s WeChat social media platform has deleted dozens of LGBTQ accounts run by university students, saying some had broken rules on information on the internet, sparking fear of a crackdown on gay content online.
Members of several LGBTQ groups told Reuters that access to their accounts was blocked late on Tuesday and they later discovered that all of their content had been deleted.
“Many of us suffered at the same time,” said the account manager of one group who declined to be identified due to the sensitivity of the issue.
“They censored us without any warning. All of us have been wiped out.”
Attempts by Reuters to access some accounts were met with a notice from WeChat saying the groups “had violated regulations on the management of accounts offering public information service on the Chinese internet.”
Other accounts did not show up in search results.
WeChat did not immediately respond to emailed questions.
Homosexuality was classified as a mental disorder in China until 2001, when it became legal. However, this year, a court upheld a university’s description of homosexuality as a “psychological disorder.”
The LGBTQ community has repeatedly found itself falling foul of censors. The Cyberspace Administration of China recently pledged to clean up the internet to protect minors and crack down on social media groups deemed a “bad influence.”
“Authorities have been tightening the space available for LGBT advocacy and civil society generally. This is another turning of the screw,” said Darius Longarino, a senior fellow at Yale Law School’s Paul Tsai’s China Center, who focuses on LGBTQ rights and gender equality.
The loyalty of LGBTQ university groups to the government and Communist Party was discussed in meeting in May between student groups and university representatives of the Communist Youth League — a department in charge of student affairs run by the Chinese Communist Party, according to three sources with knowledge of the matter.
The sources declined to be identified or say at which universities the meetings took place but said LGBTQ student groups were asked if they were anti-Party or anti-China, and whether any of their funds had originated from abroad.
“We explained that our LGBT education work was within campus only,” one university student told Reuters. “After our meeting in May we were dismantled.”
LGBTQ student groups traditionally do not get the support of university authorities in their work to raise awareness of the community, even though they are not banned outright.
Last September, Marie Pinkney beat incumbent Delaware state Sen. David McBride in the Democratic primary by a solid margin, before going on to a decisive victory in the general election. Upon winning, Pinkney became not only the first openly queer woman to be elected to the Delaware Senate but one of dozens of LGBTQ female candidates who won their elections in the last cycle.
Pinkney, a social worker, said she was inspired to run because of her work with victims of gun violence and a lack of political will to pass effective gun control legislation.
“I didn’t know if I could actually win,” Pinkney said, “but then I looked at who my state senator was, and I realized he was a serious impediment to gun violence legislation passing or even getting to the floor. That was enough for me.”
Delaware State Sen. Marie Pinkney.via Marie Pinkney
As a complete newcomer to politics challenging one of the longest-serving lawmakers in Delaware history, Pinkney’s victory came as a surprise to observers. However, a new report from the LGBTQ Victory Institute, an organization that supports LGBTQ elected officials and political hopefuls, found that the odds aren’t good for those betting against queer female candidates.
A review of the win and loss records of all 1,088 candidates endorsed by the LGBTQ Victory Fund (the political action committee associated with the Victory Institute) from 2016 to 2020 found that queer cisgender women — including lesbian, bisexual and other nonheterosexual women — won 69 percent of the time, compared to 59 percent for queer cisgender men endorsed by the political action committee.
Victory Fund does not track candidates it does not endorse, but its analysis of the 2020 LGBTQ candidates (both endorsed and unendorsed) suggests its candidates are representative of the overall LGBTQ candidate population in terms of race, sexual orientation and gender identification.
Though they are more successful at the ballot box, queer cisgender female candidates were outnumbered by their male counterparts every year covered by the Victory Institute’s report. Queer cisgender women accounted for just 35 percent of Victory Fund-endorsed candidates since 2016, whereas cisgender male candidates accounted for 59 percent.
This means that even if lesbian, bisexual and other nonheterosexual cisgender women started to run at the same rate as their male counterparts, they would not reach electoral parity with queer cisgender men until 2037, the report stated.
“LGBTQ women face unique barriers to running for office — the same sexist campaign tactics and misperceptions of their own qualifications as other women, combined with anti-LGBTQ bias — yet overcoming those obstacles makes them strong contenders by the time they run,” Annise Parker, president and CEO of the Victory Institute and former mayor of Houston, told NBC News. “LGBTQ women candidates tend to wait to run for positions they are qualified — and often overqualified — to hold and perhaps don’t trigger the same negative stereotypes directed at LGBTQ men.”
“Their experiences as women and as LGBTQ people often make them better politicians, portraying an authenticity and sensibility that resonates with voters,” Parker continued. “LGBTQ women make fantastic candidates, and when we run, we win. But we will not achieve representation equitable to LGBTQ men until we start running in much higher numbers.”
Among all female candidates, existing research suggests women and men win elections at approximately the same rate and their representational deficit has more to do with barriers to seeking office in the first place. However, endorsements by groups like EMILY’s List and E-Pac (and Victory Fund) reportedly make a large difference in their likelihood of success.
Transgender female candidates were also more likely to succeed than their transmasculine counterparts, winning 54 percent of the time, compared to trans men’s 18 percent success rate, according to the Victory Institute’s report. Nonbinary and gender-nonconforming candidates performed even better, winning 64 percent of the time. But the number of transgender and nonbinary candidates is relatively small. Only 39 of the more than 1,000 candidates tracked by the Victory Institute were transgender women, and only 11 were transgender men. There were also only 11 nonbinary or gender-nonconforming candidates over the five-year period. That said, the 2020 election cycle saw the most trans, nonbinary and gender-nonconforming candidates.
Despite their electoral advantage, queer cisgender women are only 37 percent of LGBTQ elected officials, and transgender women are only 4 percent, according to the Victory Institute. Only 2 percent of LGBTQ elected officials are nonbinary or gender-nonconforming, and approximately 0.5 percent are transgender men. Even queer cisgender men, who make up 56 percent of LGBTQ elected officials, are severely underrepresented when compared to all elected officials.
LGBTQ elected officials represent approximately 0.19 percent of all elected officials nationwide, according to a previous Victory Institute report. To achieve proportionate representation of the United States’ estimated 18 million LGBTQ adults (roughly 5.6 percent of the adult population, according to the most recent Gallup poll), Americans would need to elect 28,128 more LGBTQ people to office — a significant jump from the current total of 974.
As to why she thinks LGBTQ women perform relatively well at the ballot box, Pinkney said LGBTQ people, along with other marginalized groups, generally understand the importance of maintaining a high level of preparedness and taking every opportunity to succeed.
“We don’t have the room for error. We don’t have the room to mess up and make those mistakes,” she said. “It comes off as excellence, but for most marginalized communities, it just feels like everyday operation.”
Tony Christon-Walker was determined to set up an HIV prevention clinic in Birmingham, Alabama, that would succeed where others have long struggled to combat the scourge of the virus among his fellow queer Black men.
The director of prevention and community partnerships at the nonprofit AIDS Alabama, he spent much of 2019 hiring a clinic staff composed of people of color. They were trained to provide the kind of affirming care that, he said, “reflects our culture,” and that would encourage local men at risk of HIV to keep coming back.
Even facing the headwinds of the Covid-19 pandemic, the fledgling clinic, which specializes in prescribing the HIV prevention pill known as PrEP, for pre-exposure prophylaxis, made steady progress in realizing his vision.
But now clinics like this that provide vital HIV prevention services to disadvantaged populations are facing a dire — and for some of these nonprofit groups, even existential — financial crisis driven by the vagaries of an arcane federal law governing prescription drug discounts.
These safety net clinics are set to lose well over $100 million in annual HIV prevention funds due in part to a recent decision by the pharmaceutical giant Gilead Sciences to cut off what has become an increasingly valuable revenue stream supporting these organizations in their grassroots efforts to prevent the virus’s spread. The consequences are expected to be most devastating to clinics in the South, due to the region’s disproportionately large uninsured population and the fact that half of HIV transmissions in the United States occur in those states.
The imminent funding loss threatens to substantially compromise an ambitious plan the federal government launched last year to end the nation’s HIV epidemic by 2030. People of color will likely bear the brunt of the impact — at a time when the public health sector is striving to mitigate racial disparities, not see them worsen.
“This will shut us down,” said Christon-Walker, of how Gilead’s policy change will affect AIDS Alabama’s PrEP clinic. Losing the funds, he said, will “destroy our program and totally inhibit our ability to see uninsured clients, which make up the bulk of our business.”
Dependence on a ‘patchwork solution’
The financial morass centers around a 1992 federal drug pricing law called 340B. The law grants clinics that care for a disproportionate number of uninsured and low-income individuals the right to purchase pharmaceuticals at steep discounts through their in-house or contracted pharmacies. Public and private insurers typically reimburse 340B-designated clinics’ pharmacies at a dollar amount close to a prescribed drug’s list price; and in a unique setup that Gilead recently decided to end, citing ballooning costs, the California-based company has long engaged in a similar reimbursement process when providing free antiretrovirals for HIV treatment or prevention to uninsured people. Such transactions yield surplus cash — known as the “340B spread” — that these organizations spend on their services.
For expensive brand-name drugs, the 340B spread can be quite a substantial sum. By contrast, when these clinics prescribe a cheaper generic medication, the difference between the price they pay and the price at which they are reimbursed is often relatively minimal; so the prescription generates little revenue.
The Food and Drug Administration approved Gilead’s antiretroviral Truvada for use as HIV prevention in 2012. David Paul Morris / Bloomberg via Getty Images
Consequently, even as the Biden administration seeks to drive downthe cost of pharmaceuticals, the little-publicized 340B pricing law conversely — and perversely — causes many health care facilities serving low-income individuals to depend on drug prices for all kinds of health conditions remaining high to support their bottom lines.
Tim Horn, director of health care access at the HIV advocacy group NASTAD, said the 340B funding system is a “patchwork solution” to the woeful lack of investment in the nation’s medical and public health safety net, and one that amounts to “a house of cards.”
Because of the high price of antiretrovirals used to treat and prevent HIV, the 340B spread funnels hundreds of millions of dollars annually into HIV-focused safety net clinics that serve the low-income, uninsured and nonwhite populations that are disproportionately impacted by the virus. The additional funds allow these clinics to provide extra services, such as transportation assistance or case management.
In the coming years, high-quality HIV treatment regimens will increasingly go off patent. This is good news for the nation’s overall health care bill, and state Medicaid budgets in particular. But as cheaper generic antiretrovirals enter the market, safety net clinics treating people with HIV will sustain a progressive and potentially devastating loss of their 340B revenue.
Currently, however, the most pressing 340B-related financial concern in the national HIV arena revolves around revenue tied to the historically pricey PrEP.
The Food and Drug Administration approved Gilead’s antiretroviral Truvada for use as HIV prevention in 2012. PrEP’s popularity has soaredin recent years, and the Centers for Disease Control and Prevention recently estimated that about 285,000 people — overwhelmingly white gay and bisexual men — were taking it by 2019. The federal agency credits PrEP with helping drive the modest 8 percent decrease, from 37,800 to 34,800 cases, in estimated annual HIV transmissions in the U.S. between 2015 and 2019.
But PrEP’s use has remained disappointingly limited among Black and Latino men who have sex with men, who comprised a respective 25 percent and 21 percent of the 36,800 new HIV diagnoses in 2019, according to the CDC. These are disparities that 340B clinics have worked hard, and are uniquely positioned, to address.
Daniel O’Day, CEO of Gilead Sciences, testifies during a hearing on why Truvada is so expensive, on May, 16, 2019 in Washington.Bill O’Leary / The Washington Post via Getty Images
In recent years, the activist group PrEP4All has campaigned against Truvada’s high price, which Gilead has raised from $1,160 per month in 2012 to $1,842 today. The activists have claimed that Truvada’s cost has been the predominant factor limiting PrEP access in the nation — a claim echoed by Dr. Rochelle Walensky, now the CDC director, during a May 2019 congressional hearing held over Gilead’s high list price for PrEP.
And yet, PrEP is widely covered by insurance, with federal guidelines requiring that almost all private plans, as well as state Medicaid programs expanded under the Affordable Care Act, cover it with no cost-sharing. Gilead also providesfree PrEP to uninsured people.
Moreover, the high price of Truvada, and now also Descovy — an updated version of Truvada that the FDA approved as the second available form of PrEP in 2019 — has actually been a financial godsend to the 340B clinics that serve the very populations among whom HIV transmission is the highest.
According to Horn, the 340B spread for a single prescription for Truvada or Descovy amounts to about $1,200 to $1,600 monthly, or $14,400 to $19,200 annually. Clinics have been able to use this windfall to subsidize for their uninsured PrEP patients the quarterly clinic visits and laboratory tests that are required to maintain the prescription and that are not covered by Gilead’s patient assistance program.
Such funds have also been channeled into paying 340B clinics’ facility and technology costs and to pay for patient navigators, safe sex counselors, outreach workers, condoms, advertising, patient transportation, sexually transmitted infection screening and treatment, and opioid use disorder treatment. And in some cases, this money covers other medications for uninsured people, including the initial few months of HIV treatment before the federal Ryan White HIV/AIDS Program kicks in and picks up the tab.
Now, much of the 340B spread tied to PrEP is poised to vanish, potentially hobbling the services that help keep the HIV epidemic in check. Many uninsured people are expected to lose access to PrEP because of an inability to pay for their clinic visits and lab tests.
“It’s going to put a lot of our programs in serious harm’s way at best,” Jim Pickett, senior director of prevention advocacy and gay men’s health at AIDS Foundation Chicago said. “Some of them will be decimated and destroyed.”
Laboratory technician Brady Robles draws blood from a patient at the Kind Clinic in Austin, Texas. Kind Clinic
HIV advocates worry that this funding crisis will only exacerbate the racial disparities that have long characterized the nation’s epidemic.
“HIV has a disproportionate impact on Black and brown communities, especially here in Texas. I really fear that we will have more Black and Latinx people acquiring HIV if other funding sources aren’t in place,” Christopher Hamilton, CEO of Texas Health Action, an HIV- and LGBTQ-focused nonprofit health care provider, said as he echoed a concern shared among his colleagues across the country.
A ‘peculiar’ and ‘unsustainable’ system
After Gilead announced in early April that it would change its patient assistance program reimbursement policy starting in October, an outcry followed, prompting the companyto move the cut-off to January 2022.
Also in April, multiple generic versions of Truvada entered the market for the first time. Some have a list price as low as $30 per month, posing a major threat to Gilead’s highly profitable PrEP sales.
This price plunge heralds a second oncoming financial crisis for 340B organizations. Insurers are already starting to push people with PrEP prescriptions off of Descovy or the brand-name Truvada and onto the cheap generic drug. Should this shift persist, 340B revenue tied to insured people receiving PrEP will steadily deplete.
In recent years, the activist group PrEP4All has campaigned against Truvada’s high price, which Gilead has raised from $1,160 per month in 2012 to $1,842 today. BSIP / Universal Images Group via Getty
Determining how much money is at stake with the 340B spread tied to PrEP — even Gilead says it does not know the true sum — largely requires querying each clinic individually. The Health Resources and Services Administration recently ascertained from 195 health centerssplitting a $54 million HIV-prevention grant from the agency that in 2020, these clinics prescribed PrEP to 63,000 people — up from 20,000 the previous year. According to the agency, which had no comment for this article, 96 percent of these centers participate in the 340B program. And while it is unknown what percentage of these PrEP recipients are uninsured, overall about a quarter of HRSA-funded health centers’ patients lack health insurance.
NBC News asked nearly 120 HIV prevention-focused 340B clinics for their PrEP-patient figures. The vast majority were unresponsive or refused to share their data. Many said they were wary of alienating Gilead, given the clinics’ further dependency on charitable grants from the company, which is the dominant manufacturer of HIV-treatment pharmaceuticals.
Nevertheless, NBC News was able to tally that at the very least, some 7,000 uninsured 340B clinic patients nationwide are receiving free PrEP from Gilead’s patient assistance program monthly. This modest figure alone translates to a pending minimum loss in 340B-spread revenue to such clinics of $100 million annually starting in January. Given the low response rate to queries — data on roughly 3,000 of these patients came from publicly available information concerning California, and the remainder came from just 24 clinics elsewhere — and given the implication of the HRSA figures, the true dollar figure is likely considerably higher.
“It is peculiar that all of these organizations have been able to get all this funding for receiving a free drug,” said Carl Schmid, executive director at HIV + Hepatitis Policy Institute in Washington, D.C. “But that’s the system that we have been living with, and people have been counting on that for years.”
During an April 8 call between HIV advocates and Gilead to discuss the impending financial changes, Eric Leue, vice president of prevention services at the HIV-prevention clinic Friends for Life in Memphis, Tennessee, was clearly distraught as he pleaded with company representatives to reconsider their change in policy. Noting that Memphis has one of the nation’s highest HIV diagnosis rates, Leue said, Gilead’s “unconscionable”impending reimbursement cutwill force his clinic to close, and that overall, it “will set this county and our population back by at least another decade.”
Coy Stout, vice president of market access strategy at Gilead, explained in an interview that the company never intended to establish the 340B revenue stream in question. In 2004, eight years before PrEP was even approved, Gilead made a fateful decision regarding the administration of its patient assistance program. Instead of having a single contracted mail-order pharmacy send free antiretrovirals to uninsured people directly, as pharma companies typically do, Gilead decided it would reimburse the nation’s pharmacies for purchasing the company’s HIV antiretrovirals and hepatitis B antivirals. According to Stout, the intention was to make filling prescriptions convenient for uninsured patients.
Gilead did not expect pharmacies to purchase substantial quantities of the company’s antiretrovirals at 340B discount prices, because the Ryan White HIV/AIDS Program covers HIV treatment for the uninsured and underinsured.
But the U.S. government would establish no such safety net program to pay for PrEP.
So particularly in the 13 states that have not expanded Medicaid, which are concentrated in the South, there are now substantial — and ever growing — numbers of uninsured people receiving free PrEP from Gilead’s patient assistance program through 340B clinics.https://iframe.nbcnews.com/V9XOgMB?app=1
As for insured people receiving PrEP at 340B clinics, responses from the 24 clinics pointed to some 2,850 such individuals receiving brand-name Truvada and 5,900 receiving Descovy. These figures, which experts believe represent vast underestimates of actual national totals, translate to at least $125 million in annual 340B revenue that stands to diminish given insurers’ efforts to push patients onto cheap generic versions.
To put the cumulative pending loss of 340B-spread funds into context, the federal government funded the “Ending the HIV Epidemic” plan by increasing the HIV-related budget by $267 million in 2020 and by $405 million in 2021. The Biden administration’s 2022 budget request has sought to raise this additional outlay to $670 million.
HIV policy advocates like Schmid have been pushing Congress, the Health Resources and Services Administration and the CDC for increased funding to address the lost revenue tied to PrEP’s 340B spread. The CDC traditionally forbids clinics from spending agency grant money to pay for the lab tests and clinic visits for uninsured people on PrEP. However, it does allow Ending the HIV Epidemic-related grants to cover such costs.
From Gilead’s perspective, its patient assistance program is well over budget and, according to Stout, is “unsustainable.” He further stressed that the company is not able simply to turn around and donate the lost 340B spread to the impacted clinics. Under federal tax law, charitable contributions on Gilead’s part cannot be directly geared around their own commercial products.
“It makes good business sense for Gilead to change the policy,”NASTAD’s Tim Horn said, “but it’s just very, very unfortunate timing.”
A New Jersey appeal court has upheld a massive $3.5 million fine against a conversion therapy practice, which was shut down after former patients alleged widespread abuse.
On Tuesday (6 July), the Appellate Division of the Superior Court of New Jersey upheld a previous judgement against Jewish Institute for Global Awareness (JIFGA) – formerly known as Jews Offering New Alternatives (JONAH). JONAH was a nonprofit that claimed to be able to cure patients of same-sex attractions.
Former clients and practitioners have been locked in a heated legal battle for years. The Southern Poverty Law Center, who brought the initial lawsuit on behalf of several former JONAH clients and their families, announced the conversion therapy provider had lost its latest appeal.
As such, the plaintiffs are entitled to claim millions in attorney’s fees from the original lawsuit because JONAH did not shut its doors and stop promoting conversion therapy.
Scott McCoy, SPLC’s interim deputy legal director of LGBTQ rights and special litigation, said: “This case was always about protecting vulnerable people and families against the purveyors of fraudulent, harmful and ineffective so-called gay-to-straight conversion therapy.”
He added that conversion therapy is “fraudulent” because it’s “based on the lie that LGBTQ people can and should be fixed”. McCoy then vowed SPLC and “other allies” will not stop “until we eradicate these dangerous practices in New Jersey” and across the US.
n 2015, the New Jersey Superior Court found that JONAH had violated the state’s consumer fraud law and engaged in “unconscionable commercial practices”. The court also ordered the conversion therapy provider to permanently shut down and dissolve its organisation, according to reports by The Guardian.
The Guardianreported four former clients of JONAH alleged that organisers had engaged in a range of horrific behaviours and so-called therapeutic techniques. The clients claimed that therapy participants were instructed to remove all their clothing in group sessions and beat an effigy of their mothers with a tennis racket.
They also assorted clients were called homophobic slurs during mock gym classes and other sessions, according to The Guardian.
If it did not cease operation, the court ruled JONAH would have to pay $3.5 million to the plaintiffs.
But a couple of years later, in 2019, the same court found JONAH had violated the legal ruling by continuing to operate under a new name, JIFGA. As such, the Superior Court ordered the conversion therapy provider to pay up to $3.5 million, according to NBC News.
JONAH appealed against the ruling, but the appealed court just ruled against them again.
But Michael Laffey, who represented JONAH and its owners, said the latest ruling contained “clear factual errors”, according to Law.com. He added his clients are “considering their options”.
Conversion therapy has been denounced by several leading medical groups
The American Psychiatric Association (APA) said in 2018 that it strongly opposes conversion therapy. It reaffirmed its 1998 statement that the leading professional group “opposes any psychiatric treatment” that is “based on the assumption that homosexuality per se is a mental disorder” or based on the assumption the individual “should change his or her homosexual orientation”.
LGBT+ supporters hold placards demonstration against the use of conversion therapy outside UK Cabinet office. (Photo by May James/SOPA Images/LightRocket via Getty Images)
Earlier this year, the APA also adopted a resolution rebuking conversion therapy for trans people. It added that conversion therapy only served to promote “stigma and discrimination against transgender and gender diverse people”.
In 2020, a United Nations (UN) expert called for a global ban on conversion therapy, saying the practice is “inherently degrading and discriminatory” toward LGBT+ people. Earlier this year, the UN also urged the UK governmentto ban the discredited practice and said conversion therapy has “haunting consequences” for LGBT+ individuals.
Karen Holden, LGBT+ lawyer and founder of A City Law Firm, writes for PinkNews about the legal leaps and bounds the UK has made in the last three decades.
It has been almost 54 years since the decriminalisation of homosexualitystarted, sparking the decades-long fight for LGBT+ equality under British law.
t all kicked off on 21 July 1967 with the Sexual Offences Act (the law that started to recognise LGBT+ rights). Since this monumental move, we have made some phenomenal steps forward.
In light of this upcoming anniversary, let’s celebrate some of the most game-changing laws that have transformed the lives of the community to date.
LGBT+ Brits have the right not to be discriminated
The 1998 Human Rights Act, one of the most important pieces of legislation in Britain, allowed for fundamental human rights – the right to be treated equally, with fairness, dignity and respect.
t, crucially, this includes the right not the be discriminated against for sexual orientation.
It was later used to also advance the rights of LGBT+ individuals for legal protection in a relationship.
Same-sex couples can legally adopt
Paving the way for queer couples to start a family, the Adoption and Children Act 2002 meant that for the first time same-sex couples were legally able to adopt.
This also allowed many the right to be considered not just as a person who helped care for their partner’s child but as their actual legal parent too.
The law that opened the door for civil partnerships
In what was a stepping stone towards marriage quality and a seismic leap in LGBT+ rights in Britain, the Civil Partnership Act 2004 marked a significant change in the legal standing for couples.
Trans people can legally change their gender for the first time
Transgender people protesting delays to reforming the Gender Recognition Act on 04 July, 2020 in London, England. The government announced in September it would not be reforming it, despite overwhelming public support. (WIktor Szymanowicz/NurPhoto via Getty Images)
The 2004 Gender Recognition Act was the upshot of the European Court of Human Rights ruling in favour of trans woman Christine Goodwin, who was denied the right to marry in the UK.
It created for the first time a mechanism that allows trans people to be legally recognised by something other than their assigned gender at birth – this includes having the correct gender marker listed on their birth certificate.
For the first time, queer families could use surrogacy to start a family
Although surrogacy was permitted before, the parental order process, which makes the intended parent or parents the legal parents rather than the surrogate, was not available for same-sex male couples.
But the Human Fertilisation and Embryology Act 2008 rectified this and even introduced the ability for same-sex female couples to be both named on the birth certificate as the legal parents of a child after using a known donor.
A single act that ensured stronger protections for all LGBT+ people
The landmark Equality Act 2010 added gender reassignment as a ‘protected characteristic’ and offered a vital tool to fight and promote protection against LGBT+ harassment, unfavourable treatment and discrimination.
Caselaw continued to evolve after this focal act against discrimination, perceived sexual orientation and those diagnosed with HIV and AIDS.
It was a drastic move to bridge the gap of there being separate laws to instead promote genuine equality for the LGBT+ community and many other minority groups collectively.
After rocky journey, marriage equality finally becomes reality
Peter McGraith and David Cabreza became the first same-sex couple to marry after the practice was legalised in England and Wales. (Andrea Baldo/LightRocket via Getty)
The road to marriage equality in Britain was a years-long uphill climb for tireless activists but by 2013, the first same-sex couple to legally wed in England became a reality.
As well as equalising marriage in name, the Marriage (Same-Sex Couples) Act allowed same-sex couples to marry in both civil and religious ceremonies, where the religious organisation has ‘opted in’ to conduct such ceremonies and the minister of religion agrees.
Thousands of queer men pardoned in law named after Alan Turing
Alan Turing was a gay man, a scientist and a war hero. (Getty)
The “Alan Turing Law”, part of the Policing and Crime Act 2017, serves as an amnesty law pardoning criminal convictions of men who were cautioned or convicted under historical legislation that outlawed homosexual acts.
Named after Alan Turing, the cryptographer who helped to break the German Enigma code who had previously been convicted of ‘gross indecency’ and was chemically castrated, who was granted a royal pardon.
The association of British Insurers Guide to minimum standards 2018
HIV discrimination was removed from the previous wording included the association of British Insurers Guide to minimum standards in 2018 for being highly judgemental and stigmatising.
The new guidance from the trade association made up of hundreds of insurers reflects the considerable progress that has been made for those living with HIV over the last thirty years.
In 2019, single parents could apply for parental rights after surrogacy
An adaption to the law came into force making parental orders (which give parenthood to the intended parents after the birth and extinguish the status of the surrogate) available to single parents as well as to couples.
All these changes helped LGBT+ families really flourish, providing the right to alternative family structures, from marriage equality to adoption and surrogacy for same-sex couples being made more accessible; the protection against discrimination both in and outside the workplace, against neighbours or providers, altering the way they approach members of the LGBT+ community.
Although we should celebrate how far LGBT+ rights have progressed there are still things left unaddressed and biases still restricting genuine equality.
Here are just some of the changes needed for greater equality:
Surveys and soft supervision by the EU will be lost on LGBT+ laws and rights so the UK need to put in place its own protections to ensure we are continually moving in the right direction.
Proposals to reform the Gender Recognition Act were effectively dropped, so transgender people still need a medical diagnosis to legally change gender. This is archaic and is unfair. It is our hope that these proposals for reform are brought back soon.
Although LGBT+ education in schools was made mandatory there continues to be resistance from some parents and religious campaign groups. This means that how this education is to be implemented remains uncertain. Laws around this, to provide a framework for this contentious area would be welcome.
Making surrogacy in the UK smoother with automatic parental rights.
We have come a very long way and things are slowly evolving, but there is still more to do and mindsets left to modify.
Kayleb Rae Candrilli’s second book of poetry All The Gay Saints, winner of the Saturnalia Books Poetry Prize, is a stunningly sentient collection of ekphrastic love poems inspired by Herman Baspaintings that unpack the intersections and intricacies of rural America, masculinity, queerness, and the body.
In “My Body is Constantly Conjuring a Tempest (Or, Weighing the Pros and Cons of Attending My High School Reunion),” “On Trespassing,” and “I Wish All Children Could Touch the Sky At Least Once,” Candrilli creates portals to an “unsafe house” of a “past life,” teeming with toxic masculinity–“raised fists, those/ holes in drywall”–and the generational violence and destruction it breeds, the “boys that threatened to rape me in high school.”
Body and land, boyhood and Appalachia–where “beware of dog signs are security systems” and “the warning is to draw blood first”–are inextricably and excruciatingly linked. Yet as much as Candrilli’s narrator is entrenched in their homeland, they are just as hyper-aware of its patriarchal mannerisms, its influences and after-effects:
Everything has its doppelganger and nowadays I plagiarize men’s bodies indiscriminately. I have a right to take what’s not mine; this is what both men and the earth have taught me.
Although they were taught by their “father and the land” to be “small and quiet,” they overcome these repressive lessons by “opening [their] mouth” and “[using] it” to reclaim and rename their narrative and body, to detach the body from the aforementioned version of earth. They will, as asserted in “On Wanting Top Surgery in the Fascist Regime,” “rip myself apart,” but “drink/the body to solar power and…make a beautiful mother.” In this way, Candrilli’s poetry is the raw pink of (re)birth and beginning, each poem a root or tendon trusting it’s own vitality and resilience, finding cohesion within transness.
Nowhere is this resiliency more palpable and deeply resonant than in “Our Root System is a Tangle of Pipecleaners (Or, Being Your Man Has Made Me One)” where Candrilli’s narrator and their “future-husband wife,” a transcendent and healing refuge of a human, “lick my wounds/ and yours”and “[together]…have no time/ to be anything less than large.”
In “There is a Point at Which I Tire From My Own Fear,” the dangerous realities and descriminatory histories of being LGBTQ are acknowledged:
Queers are killed
and have always been killed in any number
of ways.
And conquered:
But my partner tells me again and again
how they love me, and I know one day I’ll try to die
in their arms. I know this is how we will win.
All The Gay Saints is a book of vital reminders that a distinguishing quality of our love is it’s protectiveness – loving for survival and both self and communal preservation. That the dichotmous, conflicting truths of “glitter, glitter, glitter, and guns” musn’t deter or demoralize us from loving ourselves and our queer/trans siblings, but instead fortify and fiercen our queer love. And that: