In a turnaround that has stunned and pleasantly surprised HIV advocates, Tennessee has gone from blocking $8.3 million in annual federal funds for HIV prevention, surveillance and treatment to including a new allotment of $9 million in the state budget approved Thursday to combat the virus.
This development came after the Centers for Disease Control and Prevention announced on Monday that it will circumvent the state government and continue providing about $4 million in HIV-prevention funds to Tennessee nonprofit groups, despite Gov. Bill Lee’s objections. The state has one of the nation’s most poorly controlled HIV epidemics.
Lee previously singled out the Tennessee Transgender Task Force and Planned Parenthood to be defunded from the CDC’s HIV-prevention grant to the state. The president of the task force, Ray Holloman, expressed hope that a cumulative $13 million budget will be “used to benefit the most vulnerable and at-risk populations.” But he shared HIV experts’ concerns that the new state funds, which will support county health departments and nonprofit groups, might not be spent wisely.
Jade Byers, a Lee spokesperson, said the $9 million in new state funding to combat HIV would recur and allow Tennessee to “provide better services and reach even more at-risk populations in the state, such as victims of human trafficking, mothers and children, and first responders.”
Toni Newman, a director of the HIV advocacy nonprofit organization NMAC, called the new state funds “a step forward.”
“But the real impact of this move will be determined by how the money is distributed,” Newman said. “Without a clear understanding of where the money is going and who it will benefit, we risk worsening the HIV epidemic in our state.”
In recent years, the CDC has granted Tennessee $6.2 million annually for HIV prevention and surveillance, delivering the money to the state Health Department. The state has then sent about $4 million of those funds to the United Way of Greater Nashville, which has in turn distributed the cash to various community-based organizations fighting HIV throughout the state.
The remaining $2 million or so of the CDC grant has supported surveillance of HIV in Tennessee.
In January, the Lee administration announced that beginning in the new fiscal year, which starts June 1, it would block all $6.2 million of the CDC HIV funding, plus a separate $2.1 million annual federal grant for HIV prevention and treatment in Shelby County, home to Memphis.
Outraged HIV advocates and experts said Lee’s move would spawn a public health crisis.
The CDC estimates that new HIV cases declined nationally by 8% from 2015 to 2019, a statistic that masks heady progress in some states and either stagnancy or increases in most of the South, where the bulk of transmissions occur. Even as liberal states such as New York and California have invested heavily in fighting the virus and seen substantial declines, the CDC estimates that Tennessee’s transmissions increased somewhat from 2017 to 2019.
A February NBC News investigation into the governor’s motivation for blocking the funds traced its origins, at least in part, to attacks on Vanderbilt University’s care for transgender children by far-right media stars, including the Daily Wire’s Matt Walsh. These attacks triggered a chain reaction that, fueled by Republican animus toward Planned Parenthood, gathered steam and ultimately politicized the Tennessee Health Department’s HIV prevention efforts.
Walsh and the Daily Wire did not respond to NBC News’ request for comment. Planned Parenthood declined to comment.
Along with a cadre of national and state HIV organizations, NMAC has spent the past three months lobbying the CDC to ensure funding continuity.
On Monday, the CDC announced plans for an end run around the Tennessee Health Department, pledging to deliver $4 million in HIV grant funds directly to the United Way during the next fiscal year.
In January, Rep. Steve Cohen, a Democrat representing Memphis,sent a letter to Health and Human Services Secretary Xavier Becerra asking the agency to circumvent the Tennessee Health Department and provide the $2.1 million federal grant directly to Shelby County.
The Memphis area has the nation’s third-highest HIV diagnosis rate, the CDC reports.
Representatives for Becerra and Cohen did not respond to inquiries about that grant’s status.
Earlier in the year, the Lee administration pledged to replace the blocked $8.3 million in federal funding with state money — a promise kept by the $56 billion state budget approved by the Legislature in Nashville on Thursday.
“Tennessee is pursuing a stronger HIV prevention and awareness program at the state level that will allow community partners to access more funding,” Byers said. In January, she said that spending state instead of federal dollars to fight HIV would permit Tennessee more “independence” in its use of funds.
Sarah Bishop, a United Way of Greater Nashville spokesperson, said the organization would continue funding all the current CDC grantees come June.
Dr. Richard Briggs, a surgeon and a Republican state senator representing Knoxville, celebrated Tennessee’s comparatively fulsome new HIV budget. Yet he still criticized Lee, also a Republican, for blocking the federal money.
“We should accept all the federal funds,” Briggs said.
Following Lee’s announcement in January, Friends for Life, an $8.5 million Memphis nonprofit that provides HIV prevention and treatment services, faced losing nearly $500,000 in CDC grant funding, according to Mia Cotton, its chief programs officer. Without a federal contract, the organization also would have become ineligible for $1.2 million in annual pharmaceutical rebates.
Now the nonprofit will receive a windfall of $891,000 from the state, plus continued CDC funding, which will maintain its rebate eligibility.
Cotton expressed relief and gratitude over this reversal of fortune.
“It is important to note, however, that unless we all work together,” Cotton said, alluding to the governor’s determination to detach the state’s spending from the CDC, “new transmissions of HIV will not be contained.”
The Centers for Disease Control and Prevention is warning about a rise in extensively drug-resistant cases of the bacterial infection Shigella, a major cause of inflammatory diarrhea.
The agency calls the new form of the stomach bug, which causes the diarrheal condition known as shigellosis, a “serious public health threat.” Evidence suggests the illness is spreading among gay and bisexual men in particular, apparently through sexual contact, both in the U.S. and abroad.
The CDC held a call Tuesday with the Colorado Department of Public Health and Environment and the U.K. Health Security Agency to alert doctors about the spread of a form of the bacterium that is resistant to all typically recommended antibiotic treatments.
“We do not have all the answers today,” Dr. LouiseFrancois Watkins, a medical officer at the CDC’s National Center for Emerging and Zoonotic Infectious Diseases, said on the call. The agency, she said, could make no official recommendations for antibiotic alternatives.
A parallel outbreak in the U.K., first announced in January 2022, most likely stemmed from an initial single infection, British health officials said on the call Tuesday. That speaks to how widely individual drug-resistant strains can spread and to the importance of infection control.
The CDC said in a health alert Friday that the proportion of the approximately 450,000 annual U.S. Shigella infections that were resistant to all known antibiotic treatments rose from zero in 2015 to 0.4% in 2019 to 5% last year, an indicator of potential greater spread.
Shigella, which is highly infectious, spreads when infected fecal matter enters the mouth or the nose, including through sexual activity or because of poor hand-washing after diaper changes, unsanitary food handling or swimming in contaminated water. The infection is typically seen in young children.
The European Centre for Disease Prevention and Control issued an alert Friday about 221 confirmed and 37 possible cases among people who traveled to Cabo Verde off West Africa since September and returned home to about a dozen nations, including the U.S.
During the CDC call Tuesday, officers from the U.K. health agency reported they had analyzed all but four of 185 cases of the infection in Britain since late2021. Half required antibiotic treatment. The Shigella samples retained susceptibility to four antibiotics: carbapenems, chloramphenicol, fosfomycin and temocillin.
Eighty-seven percent of the cases were in men presumed to have sex with men.
Dr. Stephanie Cohen, the section director for HIV and STI prevention at the San Francisco Public Health Department, told NBC News that Shigella is “a really important and serious pathogen.”
“It can cause really severe diarrhea, sometimes bloody diarrhea, cramps and abdominal pain,” she said.
Shigellosis usuallygoes away without treatment. But physicians may prescribe antibiotics to hasten recovery or otherwise avert complications in more vulnerable patients.
The infection can cause prolonged and debilitating illness, with about 6,400 U.S. patients needing hospitalization each year.
Death from shigellosis is rare, although it is more likely among people who are immunocompromised, such as by untreated HIV or chemotherapy for cancer.
Shigella is considered extensively drug resistant when it is not susceptible to any of the recommended first-line or alternative antibiotics, including azithromycin, ciprofloxacin, ceftriaxone, trimethoprim-sulfamethoxazole and ampicillin.
From May 2014 to February 2015, the CDCidentified 243 U.S. cases of travel-associated Shigella that were resistant to most but not all of those antibiotics.
Now, doctors face a considerable challenge caring for patients with this form of Shigella. Reviewing an extensive roster of potential alternative antibiotics on the call Tuesday, Watkins noted that the medications are largely saddled with one or more limitations, such as unavailability in the U.S., lack of clinical trial data, resistance to the pathogen or the fact that they penetrate the gut lining poorly.
The CDC has called on health care providers to be vigilant for potential Shigella infections and to report suspected cases to state and local health departments, while educating people most at risk about shigellosis.
In addition to gay and bisexual men, antibiotic-resistant Shigella infections have been on the rise among people experiencing homelessness, international travelers and people living with HIV.
Of 232 cases reported from 2016 onward about which the CDC has data, 197, or 85%, were in men. Just one was in a child. Of the 41 of those people who answered questions about recent sexual activity, 88% were men reporting recent sexual contact with men.
Meanwhile, sexually transmitted gonorrhea, chlamydia and syphilis have been rising steadily in recent years and are particularly prevalent among gay and bisexual men. The CDC has issued increasingly urgent warnings that gonorrhea is at risk of losing susceptibility to the last remaining simple and effective antibiotic to treat the infection.
People who have shigellosis, the CDC advises, should stay home if they work in health care, food service or child care. The agency also advises that during the illness and for two weeks after, people should avoid preparing food for others, wash hands often, refrain from swimming and abstain from sexual contact, or at least observe rigorous hygiene before and after sexual activity.
The World Health Organization cites drug-resistant pathogens, the emergence of which are largely driven by the misuse and overuse of antibiotics in people and livestock, as one of the top 10 global public health threats facing humanity.
“The clinical pipeline, the drugs that are in human testing, is fragile, and there’s not enough there,” said Kevin Outterson, the executive director of CARB-X, a Boston-based nonprofit group that seeks to spur innovation in early antibiotic research and development.
There are encouraging signs with antibiotic development, at least in early phases, Outterson said.
“If you want a drug that’s going to work against this disease or any other bacteria in 2033, we need to be working on that today,” he said.
The new Shigella raises concerns in the wake of the global mpox (formerly monkeypox) outbreak, which has overwhelmingly spread through sex between men. Cases of the virus, first identified in Britain in mid-May, peaked in the U.S. and internationally in early August and have largely subsided.
Similar to shigella cases, mpox infections, which can be severe, typically resolve without the need for treatment and are rarely fatal. However, a paper published Feb. 21 in The Lancet found an mpox death rate as high as 15% among people substantially immunocompromised by HIV.
Tennessee’s recent decision to reject over $8 million in federal funds to combat HIV was motivated, at least in part, by right-wing provocateurs stoking anti-LGBTQ sentiment, according to four sources within the state Health Department.
The move by Republican Gov. Bill Lee will hamstring, if not cripple, efforts to combat one of the country’s most poorly controlled epidemics of the virus, HIV advocates said.
The announcement followed a political crisis in Tennessee that began in September when conservative media personalities, including Matt Walsh and Ben Shapiro, launched attacks on Vanderbilt University Medical Center over its care of transgender minors, which they alleged was barbaric.
In October, the pressure wound its way to the unit that combats HIV, sexually transmitted infections and viral hepatitis at the Tennessee Health Department.
On Oct. 24, the unit’s director, Dr. Pamela Talley, told employees that because of the social media firestorm over Vanderbilt, information about the Tennessee Transgender Task Force — a volunteer team the unit established in 2018 to focus on trans health and HIV prevention — and other trans resources had been scrubbedfrom the department’s website. That is according to two staffers present, who, like two of their colleagues, spoke anonymously because they were not authorized to speak to the media.
Then, on Nov. 7, Talley told the unit that federal HIV funding from the Centers for Disease Control and Prevention for both the task force and Planned Parenthood in Tennessee would terminate at the end of the year, according to three staffers at the meeting, which took place in person and on a conference call.
“There were at least three different levels of leadership on the call,” a staffer said. “It was discussed that there had been media attention around the Vanderbilt trans health clinic, which led those reporters to learn about the trans task force, and that they were funded by [the state Health Department] HIV prevention program and that all HIV prevention contracts were being reviewed.”
In mid-January, the Lee administration announced it would pull the plug not just on federal HIV-prevention funds for Planned Parenthood and the task force, which total $235,000, but on all $8.3 million from a pair of CDC grants for HIV prevention, treatment and monitoring in the state. The move shocked HIV experts and advocates.
In addition, the Lee administration, which has said it will replace the federal funds with state dollars, has pledged a shift in funding priorities that would effectively steerHIV prevention efforts away from groups at substantial risk of contracting the virus, including gay men and people who inject drugs.
“All of this is willful ignorance on the part of the state government,” said Greg Millett, the director of public policy at amfAR, The Foundation for AIDS Research. “People at risk for HIV are going to suffer because of these decisions.”
Right-wing media pile-on
A leading voice in the right’s opposition to the treatment of gender dysphoria in minors, Matt Walsh, a columnist for the conservative media outlet Daily Wire, published a series of widely read tweets on Sept. 20 targeting Vanderbilt University Medical Center’s treatment of minors at its Transgender Health Clinic. “They now castrate, sterilize, and mutilate minors as well as adults,” Walsh said.
The next day, Walsh appeared on Tucker Carlson’s Fox News show to publicize his investigation, and Ben Shapiro, a conservative commentator who co-founded Daily Wire, further amplified Walsh’s attacks on Vanderbilt on his YouTube channel and podcast, decrying the “nonsense garbage that a boy can be a girl and a girl can be a boy.”
The same day, Lee issued a statement calling for a “thorough investigation.”
“We should not allow permanent, life-altering decisions that hurt children or policies that suppress religious liberties, all for the purpose of financial gain,” he said. “We have to protect Tennessee children.”
Walsh, Shapiro, Daily Wire and Fox News did not respond to requests for comment, and the Lee administration did not respond to questions about the impact right-wing media personalities had on the state’s rejection of federal HIV funds.
A Daily Wire article published on Oct. 20, which denounced the Tennessee Transgender Task Force as an “extreme” activist group, appears to have drawn the Lee administration’s attention. The task force, according to its chair, Ray Holloman, is staffed by trans-identified volunteers and focuses on providing HIV educational resources, sharing health insurance information and connecting people to supportive health providers — including those at Vanderbilt.
The article took a victory lap, saying that the Lee administration and the state Health Department denounced the task force “in response to a Daily Wire inquiry” and that information about the task force on the department’s website was “only removed after the Daily Wire asked about it.”
Around the same time, two Health Department supervisors told staffers in private conversations that critical media coverage provoked the Lee administration to scrutinize the source of the task force’s $10,000 in annual funding — a $6.2 million CDC HIV prevention and surveillance grant — two Health Department employees said.
Also under new scrutiny after the article was published, fouremployees said, was Tennessee’s Planned Parenthood program, which received $225,000 a year from the CDC grant, largely for condom distribution.
In a Nov. 7 email that was among a collection of correspondence shared with NBC News by Ashley Coffield, the CEO of Planned Parenthood of Tennessee and Northern Mississippi, Talley informed Coffield that the Health Department’s separate arrangement to supply Planned Parenthood with about 500 HIV test kits a year would be canceled. Talley subsequently wrote to Coffield, “I want to thank you for your statewide efforts in HIV testing and reassure you that this discontinuation was not based on performance concerns.”
Three days later, Coffield said, she got a call from a director at the United Way of Greater Nashville, which distributes the CDC grant funds to dozens of community-based organizations in Tennessee, including Planned Parenthood. The director, Niki Easley, said Planned Parenthood would lose its $225,000 in CDC HIV prevention grant funds at year’s end. Coffield said Easley told her that politics were behind the funding cut. “I think you should fight back,” Coffield recalled Easley’s saying.
But there was a wrinkle in the state’s plan:Because of a 2013 legal injunction, the Lee administration could not legally block HIV-related federal funds specifically for Planned Parenthood.
In the collection of emails and letters Planned Parenthood provided to NBC News, the nonprofit’s attorneys threatened to sue. In an emailed response, the Health Department’s attorney, Mary Katherine Bratton, denied having tried to disqualify the organization for the funds but said the department was “currently reviewing all” CDC grants.
Several officials at the Health Department, including Talley, Bratton and communications staffers, did not respond to requests for comment.
After it contacted Easley and several of her colleagues at the United Way of Greater Nashville, NBC News heard from a spokesperson, who said the group “is working closely with the Tennessee Department of Health to understand the changes being made to this grant funding,” adding that “the details of the changes and how our partner agencies will be affected are still developing” and that “all funding decisions are made by” the Health Department.
‘The nuclear option’
Ultimately, instead of focusing on cutting funds for Planned Parenthood and the Tennessee Transgender Task Force, the Lee administration decided to pull the plug on the entire $8.3 million in CDC grants for HIV prevention, surveillance and treatment.
On Jan. 17, Health Department officials held an 8 a.m. meeting with HIV prevention staffers and informed them of the decision to end all CDC HIV grant funding effective June 1, according to two employees who were present.
“People have been crying all week,” a staffer said in a Jan. 21 interview.
Coffield said “it felt like they were punching me in the gut” when she found out the state was abandoning the grants.
“I couldn’t believe that the governor would take the nuclear option,” she said, adding that she views the decision as the culmination of a “political vendetta against abortion rights groups and transgender people.”
The rejected grants consist of the $6.2 million for HIV prevention and surveillance and $2.1 million for Shelby County, home to Memphis. The latter sum comes from a national plan focused, in part, on improving treatment and prevention of HIV in 50 local hot spots that account for about half of new HIV diagnoses nationally — a plan President Donald Trump endorsed in his 2020 State of the Union address.
Friends for Life, a nonprofit Memphis group that provides services to those living with and at risk for HIV, will lose about $500,000 a year, chief programs officer Mia Cotton said. The imminent lack of any federal grants will also render the organization’s health clinic ineligible for pharmaceutical rebates through a separate federal program that last year brought in $1.2 million to an overall operating budget of $8.5 million, Cotton said.
Molly Quinn, the executive director of OUTMemphis, Tennessee’s largest LGBTQ nonprofit group, said her organization would lose $120,000 a year, or 10% of its operating budget, compromising efforts to provide HIV testing, help clients access the HIV prevention pill, PrEP, and give financial assistance to people with the virus.
‘A fictitious epidemic’
The Lee administration says it will replace the $8.3 million in CDC grants with state funds, giving it freedom to target such resources as it sees fit.
“We think we can do that better than the strings attached with the federal dollars that came our way, and that’s why we made that decision,” Lee said Jan. 20.
Currently, the priority populations for the CDC grant for Shelby County, for example, include LGBTQ people, sex workers and those who inject drugs, are unhoused or are formerly incarcerated.
Lee’s press officer, Jade Byers, said in an email that the administration “is committed to maintaining the same level of funding, while more efficiently and effectively serving vulnerable populations, such as victims of human trafficking, mothers and children, and first responders.”
Those priorities, HIV prevention experts said, are in egregious conflict with the actual demographics of the people most at risk of the virus.
“Tennessee is preferring to fight a fictitious epidemic rather than their very real HIV epidemic,” said Millett, of amfAR. “First responders are just not at risk for HIV anywhere in the United States. Sexual trafficking is awful, but it’s not a major contributor for HIV cases in Tennessee or elsewhere.”
Women comprised 9% of HIV diagnoses in Tennessee in 2019, down from 14% in 2016, and only 1 to 6 babies were born with HIV in the state annually from 2016 to 2020.
More than half of new diagnoses in Tennessee were in men who have sex with men in 2019, according to the state Health Department’s surveillance reports. And in 2016, the CDC released a report warning that 220 of the country’s counties, including 41 in Tennessee, were at high risk of HIV and hepatitis C outbreaks among people who inject drugs (that population accounted for 5% of new Tennessee HIV diagnoses in 2019).
New U.S. HIV cases, the CDC estimates, declined by 8% from 2015 to 2019, but that masks considerable progress in some states and either stagnancy or increases in most Southern states, where the bulk of transmissions occur. Even as HIV has steadily declined in, for example, New York and California, where liberal governments have invested heavily in evidence-based HIV treatment and prevention programs, the CDC estimates that Tennessee’s transmissions increased slightly from 2017 to 2019.
While Lee announced Jan. 20 that the state would forgo the federal HIV dollars, a CDC spokesperson said Thursday that the agency had received no word from Tennessee that it intends to block the $8.3 million in grants.
The political climate has become increasingly toxic for LGBTQ people in Tennessee, advocates in the state say.
Since he took office in 2019, Lee has signed several bills that target transgender youths, including one that bars trans students from joining sports teams that align with their gender identities. And so far this year, conservative Tennessee lawmakers have filed at least 11 bills targeting LGBTQ people, including one, which Lee said he supports, that would ban gender-affirming medical care for all minors.
Nationally, lawmakersin at least 21 states have proposed bills to ban or restrict gender-affirming care for minors this year. Trump released a video Tuesday on Truth Social pledging to “stop” such care, which he described as “child sexual mutilation.”
During the four months of the monkeypox outbreak, health care providers, researchers and an anxious public have scrambled to determine how the virus transmits, how to prevent it and how the infection plays out in the body.
Little attention has been paid to what comes after the infection clears.
Following recovery from this skin lesion–causing virus, people often find themselves waiting anxiously over the course of months to see whether monkeypox will leave them with permanent scarring. And in interviews with more than a dozen people who have had the virus and as many health care providers and researchers, NBC News learned that in some people, the lingering scars are not only physical but psychological. Troublingly, it’s also possible the virus could cause permanent damage to sensitive internal tissues and give rise to persistent pain or other onerous long-term symptoms.
“Just because you’re cleared and no longer contagious, it doesn’t mean you’re totally back to normal,” said Matt Ford, 30, a bicoastal actor who contracted the virus at the beginning of the summer and hopes that his scarring, including pockmarks on his face, will continue to dissipate. “It did a number on my body, especially in more sensitive areas.”
Unfortunately, people looking to doctors or health agencies for answers about what to expect post-pox are typically met with an information vacuum. This is the result of the notorious dearth of research conducted prior to the outbreak about a virus that until this spring largely only circulated in western and central Africa.
“I just want there to be more concrete information, but maybe that’s asking too much,” said Brad, 33, a New York City area resident who preferred to use only his first name to protect his medical privacy.
In an emailed statement, the New York City health commissioner, Dr. Ashwin Vasan, acknowledged this lack of health guidance, saying, “It’s still early in the outbreak and the kinds of long-term studies needed to understand these issues better have not been completed yet. We continue to learn from what people who’ve experienced infection and recovery are reporting.”
Since the unprecedented global outbreak was first detected by health authorities in mid-May, 65,415 cases have been diagnosed worldwide, 24,846 of them in the United States, the Centers for Disease Control and Prevention reports. While the weekly case count both nationally and worldwide has declined in recent weeks, raising hopes that the outbreak might be brought under control, concerns remain that at least a fraction of those who have had the virus might suffer long-term impacts of the infection.
Cosmetic concerns
For gay men, who comprise the overwhelming share of global monkeypox cases and among whom the competitiveness to look good is famously Olympian, worry over sustaining noticeable scarring in the wake of the infection can be particularly taxing.
“Especially for people who already have body dysmorphia or are hypersensitive to how others see them, there is this hypervigilance” of such cosmetic effects, said Preston Wholly, managing clinical director of behavioral health services at the LGBTQ-focused nonprofit health care provider Harlem United in New York City.
The marks are also signals of an infection that because it largely transmits through sex between men, can be highly stigmatized.
“I think it’s important to be aware of the effect of stigma regarding the route of monkeypox transmission, at-risk groups and disfiguring skin lesions — all of which could contribute to psychological distress,” said Dr. James Badenoch, a physician at the Queen Mary University of Medicine in London and the co-lead author of a paper published Sept. 8 in eClinicalMedicine on neurological and psychiatric conditions linked to monkeypox.
Harun Tulunay, 35, was hospitalized with a particularly severe case of the virus in July. In addition to experiencing extreme proctitis, or inflammation of the rectal tissues, and an inability to swallow, he developed an atypically large purple-black lesion that covered his entire left nostril. The lesion has since healed but has left behind pockmarked scar tissue.
“I am very obsessed with the little scar on my nose and am using lots of creams, scared it won’t go away,” said Tulunay, who, like a substantial proportion of people who contract monkeypox, has HIV.
Dr. Howa Yeung, an assistant professor of dermatology at the Emory University School of Medicine in Atlanta, said that while guidance on care for monkeypox lesions may be lacking, what is known about treating smallpox, which like monkeypox belongs to the orthopoxvirus family, can serve as a guide.
Yeung recommended the use of what are known as hydrocolloid dressings on lesions, which help keep them moist and promote healing while minimizing scarring. For thicker scars, silicone gel or patches may help improve their appearance, he said—especially if such treatment is started shortly after the scabs fall off. Later on, lasers and microneedling may further improve their appearance, although such interventions can be expensive.
The dermatologist noted that people with darker skin tones are likely at higher risk of monkeypox lesions leaving lasting dark marks, which he estimated could take three to 12 months to fade.
“Some scars will be permanent,” Yeung said.
He advised the use of skin-lightening agents, which a dermatologist can prescribe, as well as a high SPF sunscreen to keep the sun from further darkening the pigment.
Gerald Febles, 25, reported grappling with such marks, which, although they have been improving, still greatly bother him. Hoping they will recede over the coming months, he’s tried various scar-treatment creams, which don’t come cheap.
“I was very confident in my own skin before,” said Febles, who is an employee relations manager for the urgent care company MedRite. He said he now has “a lot more insecurity about my body in general. I’ve even gone to bars and some people have asked, ‘Oh, what’s that on your neck?’ So it’s something I’m reminded of whether or not it’s on my own terms.”
Febles was keen to assert that he sees no reason to be ashamed of having had monkeypox. But recalling that the infection caused him excruciating pain, he nevertheless characterized such questions from people as “a trauma trigger.”
The potential for lasting damage
Proctitis, experienced by 1 in 4 people with the virus in a Spanish study and 16% of U.S. cases about which the CDC has data, is one of the most devastating potential monkeypox symptoms. It can cause excruciating pain, in particular when defecating. What’s more, such symptoms might portend longer-term consequences of the infection.
During a July 14 Infectious Diseases Society of America call with reporters, Dr. Mary Foote, a medical epidemiologist at New York City’s health department, raised an early alarm that monkeypox lesions might cause permanent internal damage in some people. This, she said, could include the formation of scar tissue or strictures in the anorectal or urethral tissues, which could affect bodily functioning.
“It’s quite concerning,” Foote said of these potential outcomes, which she recently told NBC News might prompt the need for surgery or other interventions.
Dr. Boghuma Titanji, an infectious disease specialist at Emory University, reported seeing urethral damage or overall pain in the penis, including difficulty retracting the foreskin, due to scarring from monkeypox.
“When we see these cases with urologic involvement, we consult urologists,” Titanji said, noting that “early urinary catheterization and other interventions may prevent complications down the line.”
Brian Rice, 43, reported suffering from a host of bothersome health problems, including the flu, since recovering from monkeypox in mid-August. Having endured penile pain, swelling and discharge during the infection, the attorney has since experienced pain in his pelvic area and the frequent need to urinate. These symptoms eventually resolved themselves, Rice said, following pelvic floor myofascial release treatments. But he’s also experienced a persistent rash in his pubic area that is only recently starting to clear up.
“Nobody knows whether these other symptoms I’m experiencing are related in any way to monkeypox,” said Rice, who is HIV positive and lives in Cliffside Park, New Jersey. “It could be stress and anxiety; it could just be triggering other things.”
Dr. Peter Shalit, who runs an LGBTQ-focused primary-care medical practice in Seattle, reported that one of his patients had a mild case of monkeypox in July, with only skin lesions. Then, in August, the man relapsed and suffered from worse disease symptoms, including proctitis. Three weeks after recovering the second time, his rectal symptoms returned once more, causing him severe pain. Shalit treated both the second and third waves with the antiviral TPOXX, which appeared effective at battling symptoms.
The eClinicalMedicine paper published this month reported that in rare cases people with monkeypox develop neurologic symptoms, including encephalitis, confusion or seizures.
“Encephalitis can cause long-term problems with disability, mood and memory problems,” said Dr. Jonathan Rogers, a psychiatrist at University College London and a co-lead author of the paper. He stressed, however, that he and his coauthors don’t have the necessary follow-up data to determine any extended effects of this condition among people who have recovered from monkeypox.
The CDC reported Sept. 13 the cases of two previously healthy men in their 30s who after contracting monkeypox developed encephalomyelitis, or inflammation of the brain and spinal cord. The men have recovered from the infection, but a month after the start of their neurologic symptoms, they each still require an assistive device to walk.
A difficult transition
Arriving during the Covid crisis denouement, the monkeypox outbreak has triggered pandemic-related anxieties that had only recently begun to abate, by sending people with the virus right back into isolation for the few weeks the infection takes to resolve. And as they grapple with recovering from such a stigmatized virus, many of those who spoke with NBC News said it has taken time for them to regain their confidence and calm within the outside world — be that interacting with colleagues, seeing friends and family, or getting back into dating and sexual intimacy.
These people report having a particularly difficult time disentangling the misery of monkeypox from the joys of sex.
“I just feel like I lost my mojo,” said Harun Tulunay, who, similar to Febles, finds men constantly striking up conversations with him about monkeypox, especially given how much media coverage his case received.
“They don’t seem much interested in dating me after,” he said, ruefully.
In the meantime, Tulunay, who is a training and volunteer coordinator at the HIV nonprofit Positively UK, is trying to get his semen tested to determine if he might still harbor the virus. Monkeypox has indeed been found in seminal fluid, and the World Health Organization has recommended that men wear condoms for 12 weeks following recovery from monkeypox out of concern, pending further research, that the virus might remain in semen and be transmissible for that long.
John Farrey, 32, said what he missed most while isolating with monkeypox was going out dancing with friends. So he thought he’d be jazzed to jump right back onto the dance floor once he recovered.
But, the Brooklyn tech worker said, “I felt very terrified of my own skin” during the immediate aftermath of his infection. Being around other people, he said, “still felt unsafe.”
“It really took me a long time to be comfortable having close contact again,” Farrey said.
For Brad, the New Yorker, having monkeypox was “totally traumatic,” sending him off-kilter emotionally. He’s been struggling to regain his equilibrium since then. A scar on his penis has made him self conscious and has caused him to worry that sexual partners will ask intrusive questions about it.
“Then it’s ‘bye-bye mood,’” Brad quipped of such a scenario.
“I’m still kind of afraid of sex, because my last sexual experience resulted in this, and it still carries so much weight,” he said of contracting monkeypox. “Sometimes it turns into this source of shame that I’ve never experienced before about sex.”
Then there’s the question of when the body is once again ready for the rigors of intercourse. Proctitis, said Dr. Chris Beyrer, director of the Duke University Global Health Institute, “is going have a very big impact on subsequent sexual functioning” for those who engage in receptive anal sex.
“I think the question is: ‘When have you sufficiently healed?’” Breyer said—which, he acknowledged, “is not a question that people have good answers for.”
The importance of support
Given the traumatic ripple effects that monkeypox can unleash, experts highlight the need to provide people who contract the virus with support that doesn’t end when the scabs clear up.
“The anguish experienced by many patients cannot be underestimated. It can be a truly horrible time,” Dr. Hans Kluge, regional director of WHO Europe, said at an Aug. 30 news conference about monkeypox. He called for buttressing “both the physical and mental health of patients during the entire course of the disease, and after. It remains of critical importance.”
Harlem United’s Preston Wholly said he works with his clients who have contracted the virus to cut through the harmful stigma tied to contracting monkeypox.
“We really want to process that it wasn’t their fault and work through the guilt and shame and kind of normalize it,” he said.
Jeffrey Galaise, 41, who said he has persistent nightmares about the infection —“I imagine myself having pox and pain,” he said — is among the many people who have contracted the virus and then established their own support networks. He founded a Zoom-based monkeypox support group for people with the virus he met mainly through social media. This outlet, he said, has been invaluable as he tries to move on.
“I need to get back to my normal life,” said Galaise, who works for a New York City governmental agency. “It has certainly been a transition. I certainly think I’m getting there.”
Brad, who has also found a supportive community of others who have had monkeypox through social media, said he yearns to have the lingering physical and emotional effects of monkeypox behind him.
“I would like there to be a day when I don’t worry about this anymore,” he said. “I just want to be done with it.”
For many gay and bisexual men, the sprawling and chaotic monkeypox outbreak has upended a summer that was supposed to be a well-earned opportunity — following the peak of the Covid crisis — to finally have some fun and revel with their gay brothers without the threat of viral infection hanging over them.
Soon after Memorial Day, however, these men, as well as transgender individuals and other queer people — GBTQ for short, because lesbians’ monkeypox risk is remote — were met head-on with harrowing reports about monkeypox’s often devastating and disfiguring effects on the body. Next came anger and frustration over what queer activists characterize as the Biden administration’s fumbling initial response to the outbreak.
Lost amid the frantic media and public health reports about monkeypox epidemiology, the delayed vaccine deliveries and the squabbling over how best to communicate about the virus are the millions of GBTQ people whose happiness, well-being and connection to one another have in many cases been considerably compromised by the mere threat of monkeypox infection.
“Life has sort of halted,” said Guillermo Rojas, 29, a Mexican citizen and public administration graduate student in New York City. “This was supposed to be the great summer that everything went back and opened.”
Dr. Alex Keuroghlian, a psychiatrist at the LGBTQ-health-focused Fenway Institute in Boston, said the outbreak has “been extremely distressing for community members and is also triggering in that it harkens back to the early days of the AIDS epidemic. It has a chilling effect on people’s sense of community, cohesion and belonging.”
Fortunately, there has been at most one U.S. monkeypox death in the U.S. — a potential case in a severely immunocompromised person in Texas is under investigation — even as the national case count has swelled to 19,465 diagnoses. And after a slow start, the federal government has now doled out approximately 800,000 vaccine vials, with a heady supply arriving in short order.
Over 100 gay, bisexual, transgender and queer people responded to an NBC News online survey seeking to learn about how monkeypox has affected their lives. What this diverse cross-section of the community most had in common were missed opportunities. They wrote about sex they never had, dates they never went on and gatherings with friends they avoided.
All that avoidance, the respondents made evident, was enmeshed in a cat’s cradle of fear — of contagion, of pain and suffering, of lonely and potentially financially ruinous weeks of isolation at home should they contract the virus.
They spoke of a summer they had hoped would prove invincible but that for them has turned out to be anything but.
A decade of sexual liberation, interrupted
Over the past 10 years, the introduction of PrEP, the HIV prevention pill, and the emergence of landmark studies proving that successfully treating HIV blocks transmission of the virus have cultivated a resurgent sexual liberation among many GBTQ people. Long-standing anxieties about HIV have eased, and hookup apps have made meeting sexual partners as convenient as procuring takeout — hence the term “ordering in.” As a result, people like Rojas have felt free to explore and revel in sex in a way queer people haven’t since the AIDS epidemic brought to a crashing close the sexual freedoms gay men enjoyed during the 1970s.
Then, in 2020, a new viral plague kept all of society cooped up and longing for freedom.
“Post-Covid,” said Rojas, recalling how he experienced the free-spirited bacchanalia into which monkeypox arrived in New York City this spring, “everybody went crazy, and there were sex parties all over town.”
Monkeypox swiftly pushed the contemporary safer-sex playbook out the window. Queer people have been left scrambling for answers about how to protect themselves and have expressed bewilderment as they’ve struggled to process mixed messaging from public health leaders and journalists about what poses a substantial risk of infection.
Rojas was one of the first U.S. residents to receive the prized monkeypox vaccine, in late June. But even with the benefit of his first jab of the two-dose vaccine, he has still sharply curtailed what he had hoped would be a long-awaited libertine summer.
“I’ve stopped going to sex parties,” he said, given that public health authorities identified such gatherings of men as major monkeypox risk factors. “I also stopped having sex with people who live off their OnlyFans. I additionally stopped cruising at the gym, I did not continue to go to Fire Island, and I stopped attending orgies.”
Evidence suggests a recent tidal shift in sexual behaviors in responses to monkeypox. According to the American Men’s Internet Survey, which conducted an online poll in early August of 824 gay, bisexual and other men who have sex with men, 48% reported reducing their number of sexual partners because of the outbreak, while 50% reduced hook-ups and 49% reduced partners met on hookup apps or at sex venues.
“It’s just a small, temporary break until everybody gets the vaccine,” said Rojas, who remained so concerned about living in the nation’s monkeypox epicenter that he decamped to his family’s home in Mexico City for the summer.
Fighting over — and for — sexual freedom
Not everyone in the queer community has been on the same page regarding monkeypox precautions. Just as battles over mask mandates and school closures have turned neighbor against neighbor during the Covid pandemic, fierce internecine conflicts have arisen among GBTQ people this summer about the best ways to respond to and communicate about monkeypox.
Michael Weinstein, the president of the Los Angeles-based AIDS Healthcare Foundation, dusted off his outspoken antipathy toward PrEP and published a scathing rebuke of the sexual liberties the HIV-prevention pill has facilitated in an op-ed titled “Monkeypox Reckoning” in the Los Angeles Blade on Monday. Notorious for an unapologetically strident, moralizing and fear-based approach to HIV-prevention communication, one that is far out of step with that of the vast majority of the public health community, Weinstein decried “a wholesale abandonment of safer sex promotion in favor of PrEP.”
“There has always been a sex radical group that has defined gay liberation as absolute sexual freedom,” Weinstein wrote, blaming monkeypox on those freedoms.
For another man named Michael, who like some people interviewed preferred to go only by his first name to shield his privacy, protecting himself against monkeypox by sacrificing the very sexual freedoms that Weinstein castigates has come, he said, at a great cost.
“I am not changing my behavior with an attitude of cheerful, take-one-for-the-team compliance,” said Michael, 42, who works in education in Philadelphia. “Instead, I find the situation fearful, miserable and diminishing. I am experiencing this outbreak as a serious setback to something that is very important to me, namely sexual freedom.
“Sex,” he continued, “isn’t just a frivolous pastime. For many of us, sex has serious meaning, sex is one of the things that makes life worth living.”
After more than two years of Covid restrictions, the arrival on U.S. shores of yet another major virus has also dealt a blow to the already strained mental health of many queer people, said LaRon Nelson, an associate professor of nursing and public health at Yale University.
“The fear of contracting monkeypox and the concern about access to the vaccine have led people to isolate or continue to isolate,” Nelson said. “That chronic exposure to this type of stress also comes at the expense of their psychological well-being.”
J.J. Ryan, a bisexual trans man assigned female at birth, spent the height of the Covid pandemic transitioning.
“I felt like I was just surviving before. I wasn’t really living,” Ryan, 34, said of his pre-transition life. “So I was really excited to get out and live my life — for this to finally be my ‘hot boy summer.’” Instead, he said, he has sadly “sharply reduced” his sexual exploration.
Fears of resurgent discrimination
With so many broken social, romantic, familial and sexual connections lying in pieces around them, many of the respondents to NBC News’ survey said they further dreaded that the monkeypox outbreak would fuel discrimination, hate and even violence toward LGBTQ people.
There is evidence — including a recent attack in Washington, D.C. — that such fears are beginning to manifest.
“My greatest worry in all of this is the turning of the clock back to less and less acceptance society-wise,” said Ryan, who is a Ph.D. student and a policy researcher at a nonprofit research organization in Washington.
John Pachankis, a psychologist at the Yale School of Public Health, noted how for the past two decades, queer advocacy organizations have pushed “a narrative that gay people are just like everyone else” in a successful effort to secure many civil rights protections. He spoke to the conflict that members of this community now face when the particulars of gay sex lie at the heart of the monkeypox outbreak and, as during the AIDS crisis, have become fodder for intense public debate.
“In the context of the real threat of those rights’ being taken away,” Pachankis said, referring to the recent rising tide of anti-LGBTQ sentiment and policies in the U.S., “the last thing that you want to do is disconfirm that narrative — even if the picture is a little more nuanced, even if gay people do live distinct lives from straight people, even if they express their sexuality more creatively, some might say more authentically.”
Get the Morning Rundown
Get a head start on the morning’s top stories.SIGN UPTHIS SITE IS PROTECTED BY RECAPTCHA PRIVACY POLICY | TERMS OF SERVICE
Brian Minalga, 36, who is gender nonbinary and works in the HIV field in Seattle, said: “There’s this idea that there are good people with good behaviors having the good type of sex. It’s moralistic and puritanical.”
Recapitulating racial disparities
For queer people of color, the outbreak has brought an unwelcome recapitulation of the racial health disparities that have characterized both the HIV and the Covid epidemics in the U.S.
“We saw monkeypox start with more affluent white gay men, and then eventually it seeped into more diverse networks, and that includes men of color,” said Gregorio Millett, the director of public policy at amfAR, The Foundation for AIDS Research.
The Centers for Disease Control and Prevention and various state andlocal health departmentshavereported that monkeypox is indeed already disproportionately affecting Blacks and Latinos. And yet outsize shares of the vaccines have tended to go to whites — thanks, health advocates say, to structural factors that favor access to more privileged members of society.
Watching such patterns play out “is painful,” said Carlos E. Rodríguez-Díaz, an associate professor at the Milken Institute School of Public Health at George Washington University, “because it’s a reminder of the presence of systemic racism.”
Matthew Rose, 36, a health equity advocate in Washington, D.C., spoke to the myriad ways he and his Black gay peers have been dehumanized over time. He said he feared that monkeypox, the very name of which evokes a racist trope, will only worsen matters.
“For Black gay men, the last thing you need is to add a whole other discussion where you become this Black vector of disease,” he said.
Three viruses, one sense of fear
For some GBTQ people, fears of contagion instilled during the height of the Covid pandemic have primed further anxieties about monkeypox. The rueful history of the early AIDS epidemic serves as yet another backdrop.
“I decided several weeks ago that intimate contact isn’t worth the risk until I am fully vaccinated and the infection rate is under control,” said Steven Dwyer, 68, who is retired and based out of Baltimore and has been living with HIV since the mid-1980s. “As a long-term AIDS survivor, I learned it’s better to get informed about disease outbreaks that could affect me.”
The plight of Jason, a Los Angeles-area screenwriter in his late 20s, is a particularly profound example of the way crippling anxieties about infectious disease can be all-consuming. Jason has lived with obsessive compulsive disorder since childhood. It causes him intense dread of contagion and contamination, as well as various compulsions in response to such thoughts and stimuli. Fear of Covid left him largely housebound. Now the monkeypox outbreak has magnified those fears just as he was starting to feel more comfortable with venturing outside.
Jason lives with his boyfriend, and they’re monogamous, so contracting monkeypox sexually isn’t a concern. But suggestions that casual contact or contaminated surfaces can transmit monkeypox have left him reluctant to push his luck with his OCD. Consequently, for Jason, it’s as if those cloistered first few months of the Covid pandemic never ended.
“I am probably one of the only people I know that still doesn’t really go out much,” he said.
Many other GBTQ people said monkeypox has led them to question going to crowded spaces, such as concerts, bars and clubs — enjoyable outings and chances to connect with fellow queer people after having lived through the lonely and dull height of Covid.
Jason has been agonizing over whether to attend an upcoming concert of a performer he loves, something he has been looking forward to for years since it got delayed because of the pandemic. And in a recent interview, Dwyer, who travels constantly, expressed concern about contracting monkeypox from hotel linens.
Worries about monkeypox transmission even led to the cancellationof a major concert at the Southern Decadence celebration in New Orleans, which takes place over Labor Day weekend — even though it was to have been held outdoors.
Ryan said that when he visited his family in Philadelphia before he got his first monkeypox vaccination, his mother was hesitant to hug him for fear of the virus. That only aggravated his own worries about perhaps unknowingly passing monkeypox to his young niece and nephew.
Such hesitance from family members, said Ben Rosen, a psychotherapist at Harlem United in New York, parallels the cold shoulder many gay men got during the early AIDS crisis, “where people are being told, ‘Oh maybe you shouldn’tcome visit.’”
Recent research suggests, however, that anxieties about monkeypox transmission in public settings and other relatively casual scenarios are most likely misplaced or at least grossly overblown. According to researchpapers and reportsfrom globalhealth authorities, cases of nonsexual transmission are uncommon to rare.
Last week, Dwyer concluded that bed sheets don’t actually pose a substantial risk.
On an Aug. 19 call with reporters, Dr. Demetre Daskalakis, the deputy for the White House’s monkeypox response, said he believesattending crowded concerts is generally a low-risk activity. Merely brushing by someone, he said, is likely to be “low or no risk.”
Christopher Vasquez, 39, the director of communications at the National Center for Lesbian Rights in San Francisco, said: “I think we need to be very careful about overreacting and shutting down events. Especially after two-plus years of the LGBTQ community feeling the effects of loneliness and depression because of Covid.”
The great work begins
Praising the myriad ways queer activists have fought for a better response to monkeypox, including faster and broader access to vaccines, Keuroghlian of the Fenway Institute said, “The silver lining is to see the amazing ability of our community to organize with solidarity and to articulate their needs.”
There are signs such efforts are bearing fruit.
Recent reports suggest transmission slowdowns in New York, Chicago and San Francisco — likely the result, experts theorize, of changes in sexual behavior, increased vaccination and possibly immunity from past infection.
With the challenging summer coming to a close, Guillermo Rojas is freshly back in New York for the fall semester of his graduate studies at Columbia University. Sitting in Manhattan’s Lincoln Center on a humid late-summer afternoon just after a cloudburst, he expressed optimism over the future of the outbreak.
“As people start getting vaccinated and the second vaccine starts kicking in for most people, things should get back to normal,” he said.
He got his own second shot on Wednesday.
Editor’s note: NBC News would like to hear from people who have recovered from monkeypox infection. If you have, please fill out this confidential online survey, and we may contact you for an interview.
Two new cases presented Wednesday at the International AIDS Conference in Montreal have advanced the field of HIV cure science, demonstrating yet again that ridding the body of all copies of viable virus is indeed possible, and that prompting lasting viral remission also might be attainable.
In one case, scientists reported that a 66-year-old American man with HIV has possibly been cured of the virus through a stem cell transplant to treat blood cancer. The approach — which has demonstrated success or apparent success in four other cases — uses stem cells from a donor with a specific rare genetic abnormality that gives rise to immune cells naturally resistant to the virus.
In another case, Spanish researchers determined that a woman who received an immune-boosting regimen in 2006 is in a state of what they characterize as viral remission, meaning she still harbors viable HIV but her immune system has controlled the virus’s replication for over 15 years.
Experts stress, however, that it is not ethical to attempt to cure HIV through a stem cell transplant — a highly toxic and potentially fatal treatment — in anyone who is not already facing a potentially fatal blood cancer or other health condition that would make them a candidate for such a treatment.
“While a transplant is not an option for most people with HIV, these cases are still interesting, still inspiring and illuminate the search for a cure,” Dr. Sharon Lewin, an infectious disease specialist at the Peter Doherty Institute for Infection and Immunity at the University of Melbourne, told reporters on a call last week ahead of the conference.
There are also no guarantees of success through the stem cell transplant method. Researchers have failed to cure HIV using this approach in a slew of other people with the virus.
Nor is it clear that the immune-enhancing approach used in the Spanish patient will work in additional people with HIV. The scientists involved in that case told NBC News that much more research is needed to understand why the therapy appears to have worked so well in the woman — it failed in all participants in the clinical trial but her — and how to identify others in whom it might have a similar impact. They are trying to determine, for example, if specific facets of her genetics might favor a viral remission from the treatment and whether they could identify such a genetic profile in other people.
The ultimate goal of the HIV cure research field is to develop safe, effective, tolerable and, importantly, scalable therapies that could be made available to wide swaths of the global HIV population of some 38 million people. Experts in the field tend to think in terms of decades rather than years when hoping to achieve such a goal against a foe as complex as this virus.
The new cure case
Diagnosed with HIV in 1988, the man who received the stem cell transplant is both the oldest person to date — 63 years old at the time of the treatment — and the one living with HIV for the longest to achieve an apparent success from a stem cell transplant cure treatment.
The white male — dubbed the “City of Hope patient” after the Los Angeles cancer center where he received his transplant 3½ years ago — has been off of antiretroviral treatment for HIV for 17 months.
“We monitored him very closely, and to date we cannot find any evidence of HIV replicating in his system,” said Dr. Jana Dickter, an associate clinical professor in the Division of Infectious Diseases at City of Hope. Dickter is on the patient’s treatment team and presented his case at this week’s conference.
This means the man has experienced no viral rebound. And even through ultra-sensitive tests, including biopsies of the man’s intestines, researchers couldn’t find any signs of viable virus.
The man was at one time diagnosed with AIDS, meaning his immune system was critically suppressed. After taking some of the early antiretroviral therapies, such as AZT, that were once prescribed as individual agents and failed to treat HIV effectively, the man started a highly effective combination antiretroviral treatment in the 1990s.
In 2018, the man was diagnosed with acute myeloid leukemia, or AML. Even when HIV is well treated, people with the virus are still at greater risk of a host of cancers that are associated with aging, including AML and other blood cancers. Thanks to effective HIV treatment, the population of people living with the virus in the U.S. is steadily aging;themajority of people diagnosed with HIV is now older than 50.
He was treated with chemotherapy to send his leukemia into remission prior to his transplant. Because of his older age, he received a reduced intensity chemotherapy to prepare him for his stem cell transplant — a modified therapy that older people with blood cancers are better able to tolerate and that reduces the potential for transplant-related complications.
Next, the man received the stem cell transplant from the donor with an HIV-resistant genetic abnormality. This abnormality is seen largely among people with northern European ancestry, occurring at a rate of about 1% among those native to the region.
According to Dr. Joseph Alvarnas, a City of Hope hematologist and a co-author of the report, the new immune system from the donor gradually overtook the old one — a typical phenomenon.
Some two years after the stem cell transplant, the man and his physicians decided to interrupt his antiretroviral treatment. He has remained apparently viable-virus free ever since. Nevertheless, the study authors intend to monitor him for longer and to conduct further tests before they are ready to declare that he is definitely cured.
The viral remission case
A second report presented at the Montreal conference detailed the case of a 59-year-old woman in Spain who is considered to be in a state of viral remission.
The woman was enrolled in a clinical trial in Barcelona in 2006 of people receiving standard antiretroviral treatment. She was randomized to also receive 11 months of four therapies meant to prime the immune system to better fight the virus, according to Núria Climent, a biologist at the University of Barcelona Hospital Clinic, who presented the findings.
Then Climent and the research team decided to take the woman off her antiretrovirals, per the study’s planned protocol. She has now maintained a fully suppressed viral load for over 15 years. Unlike the handful of people either cured or possibly cured by stem cell transplants, however, she still harbors virus that is capable of producing viable new copies of itself.
Her body has actually controlled the virus more efficiently with the passing years, according to Dr. Juan Ambrosioni, an HIV physician in the Barcelona clinic.
Ambrosioni, Climent and their collaborators said they waited so long to present this woman’s case because it wasn’t until more recently that technological advances have allowed them to peer deeply into her immune system and determine how it is controlling HIV on its own.
“It’s great to have such a gaze,” Ambrosioni said, noting that “the point is to understand what is going on and to see if this can be replicated in other people.”
In particular, it appears that what are known as her memory-like NK cells and CD8 gamma-delta T cells are leading this effective immunological army.
The research team noted that they do not believe that the woman would have controlled HIV on her own without the immune-boosting treatment, because the mechanisms by which her immune cells appear to control HIV are different from those seen in “elite controllers,” the approximately 1 in 200 people with HIV whose immune systems can greatly suppress the virus without treatment.
Lewin, of Australia’s Peter Doherty Institute, told reporters last week that it is still difficult to judge whether the immune-boosting treatment the woman received actually caused her state of remission. Much more research is needed to answer that question and to determine if others might also benefit from the therapy she received, she said.
Four decades of HIV, a handful of cures
Over four decades, just five people have been cured or possibly cured of HIV.
The virus remains so vexingly difficult to cure because shortly after entering the body it infects types of long-lived immune cells that enter a resting, or latent, state. Because antiretroviral treatment only attacks HIV when infected cells are actively churning out new viral copies, these resting cells, which are known collectively as the viral reservoir and can stay latent for years, remain under the radar of standard treatment. These cells can return to an active state at any time. So if antiretrovirals are interrupted, they can quickly repopulate the body with virus.
The first person cured of HIV was the American Timothy Ray Brown, who, like the City of Hope patient, was diagnosed with AML. His case was announced in 2008 and then published in 2009. Two subsequent cases were announced at a conference in 2019, known as the Düsseldorf and London patients, who had AML and Hodgkin lymphoma, respectively. The London patient, Adam Castillejo, went public in 2020.
Compared with the City of Hope patient, Brown nearly died after the two rounds of full-dose chemotherapy and the full-body radiation he received. Both he and Castillejo had a devastating inflammatory reaction to their treatment called graft-versus-host disease.
Dr. Björn Jensen, of Düsseldorf University Hospital, the author of the German case study — one typically overlooked by HIV cure researchers and in media reports about cure science — said that with 44 months passed since his patient has been viral rebound-free and off of antiretrovirals, the man is “almost definitely” cured.
“We are very confident there will be no rebound of HIV in the future,” said Jensen, who noted that he is in the process of getting the case study published in a peer-reviewed journal.
For the first time, University of Cambridge’s Ravindra Gupta, the author of the London case study stated, in an email to NBC News, that with nearly five years passed since Castillejo has been off of HIV treatment with no viral rebound, he is “definitely” cured.
In February, a research team announced the first case of a woman and the first in a person of mixed race possibly being cured of the virus through a stem cell transplant. The case of this woman, who had leukemia and is known as the New York patient, represented a substantial advance in the HIV cure field because she was treated with a cutting-edge technique that uses an additional transplant of umbilical cord blood prior to providing the transplant of adult stem cells.
The combination of the two transplants, the study authors told NBC News in February, helps compensate for both the adult and infant donors being less of a close genetic match with the recipient. What’s more, the infant donor pool is much easier than the adult pool to scan for the key HIV-resistance genetic abnormality. These factors, the authors of the woman’s case study said, likely expand the potential number of people with HIV who would qualify for this treatment to about 50 per year
Asked about the New York patient’s health status, Dr. Koen van Besien, of the stem cell transplant program at Weill Cornell Medicine and New York-Presbyterian in New York City, said, “She continues to do well without detectable HIV.”
Over the past two years, investigators have announced the cases oftwo women who are elite controllers of HIV and who have vanquished the virus entirely through natural immunity. They are considered likely cured.
Scientists have also reported several cases over the past decade of people who began antiretroviral treatment very soon after contracting HIV and after later discontinuing the medications have remained in a state of viral remission for years without experiencing viral rebound.
Speaking of the reaction of the City of Hope patient, who prefers to remain anonymous, to his new HIV status, Dickter said: “He’s thrilled. He’s really excited to be in that situation where he doesn’t have to take these medications. This has just been life-changing.”
The man has lived through several dramatically different eras of the HIV epidemic, she noted.
“In the early days of HIV, he saw many of his friends and loved ones get sick and ultimately die from the disease,” Dickter said. “He also experienced so much stigma at that time.”
As for her own feelings about the case, Dickter said, “As an infectious disease doctor, I’d always hoped to be able to tell my HIV patients that there’s no evidence of virus remaining in their system.”
On a sultry Tuesday evening in New York City, Luke Brown excitedly opened a newly delivered bottle of black-and-orange pills, popped his first dose in his mouth, and washed it down with root beer.
Having contracted monkeypox this month, the lanky, bespectacled 29-year-old project manager had been suffering from what he called “the most severe pain of my life” for over a week before he finally was able to obtain a course of antivirals — a treatment he hoped would soon clear up his lesions and alleviate his suffering.
For Brown, this was cause for celebration. But it was also a sobering moment for him to reflect on how, to gain access to this medication, he had to leverage high degrees of personal privilege, medical literacy and self-advocacy that he said he was guiltily aware most people at risk for monkeypox probably lack. Because to join the fortunate few who have obtained this prized medication, called TPOXX, he had to navigate what he characterized as the exasperatingly byzantine maze of the medical and public health system.
“Here we are in the epicenter of an outbreak primarily affecting gay men in the city,” Brown said of his hometown, New York, which as of Thursday had 778 confirmed monkeypox cases out of 2,593 nationwide. “The city that of anywhere in the world should have the most impressive and robust infrastructure to respond to the health care needs of gay men. And at every level it has fallen flat on its face.”
Like many of his fellow gay and bisexual men — a demographic that comprises the vast majority monkeypox cases in the global outbreakthat has ballooned to 15,848 cases — Brown said he has grown increasingly appalled and infuriated by the nation’s response to a virus spreading so swiftly that many epidemiologists now believewill likely become endemic in the U.S. and around the world.
Supply of the antiviral is not the problem; there are 1.7 million courses in the nation’s Strategic National Stockpile, according to Dennis Hruby, chief scientific officer of the U.S. pharmaceutical company SIGA, TPOXX’s manufacturer. But the drug, also known as tecovirimat, is not approved by the Food and Drug Administration to treat monkeypox as it is by regulators in the United Kingdom and the European Union; the drug is approved only for smallpox in the U.S.
This is bad news for the Americans with monkeypox who like Brown suffer from excruciating physical pain or other severe outcomes from the infection and who are desperate for treatment to speed their healing. They, and the health care providers who care for them, are up against the U.S. regulatory system.
Even as the Centers for Disease Control and Prevention continues to reduce the red tape that impedes TPOXX access, announcing new changes Friday, public health experts pointed to a complementary means of leveraging the drug’s potential power to alleviate suffering: large clinical trials of the antiviral as a monkeypox treatment.
Plans for such trials are already in advanced stages in Canada, the U.K. and the European Union, according to Hruby. The National Institutes of Health is also planning one in the Democratic Republic of the Congo. But the federal agency’s efforts to launch such research in the U.S. are only in the earliest planning stages.
“This points to a persistent issue we saw during Covid,” said James Krellenstein, a public-health activist and cofounder of the activist group PrEP4All, “where the United Kingdom and European researchers were really able to mount much quicker clinical studies than the United States was.”
Excessive barriers to prescribing
In addition to Brown, NBC News spoke with a dozen people who have taken TPOXX, all of whom suffered from extreme pain before starting the antiviral. They generally reported that within a few days of treatment, their monkeypox symptoms — the pain in particular — began to ease, much to their relief. Most reported no bothersome side effects, or, in one case at least, not bad enough to discontinue treatment. While they all acknowledged that they could not be certain how the course of the disease might have unfolded had they not taken the drug, they generally believed it had been effective for them.
The FDA approved TPOXX as a treatment for smallpox in 2018 based on studies that had infected rabbits with rabbitpox and nonhuman primates with monkeypox. (Smallpox and monkeypox are close viral relatives, so treatments for one are expected to work for the other.) Researchers had to rely on these proxy models of similar viruses because there is no smallpox to investigate, as the virus has been eradicated; and even if there were, it would be unethical to study such a lethal pathogen in humans.
The data indicating the drug is safe for humans comes from a studyof 449 healthy people.
Typically, physicians may use their own judgment to prescribe medications off label for purposes other than those for which they were granted explicit FDA approval.
But given the lack of research on TPOXX’s efficacy in humans, federal health regulations dictate that health care providers may only prescribe the drug for monkeypox through a compassionate-use system overseen by the CDC. Physicians such as Dr. Marshall Glesby, an infectious disease specialist at Weill Cornell Medicine in New York City, said that these strict rules are excessive, including the need to review a more than 100-page treatment-protocol document to qualify as a TPOXX prescriber and to thoroughly document each case.
Such burdens sharply limit the number of health care providers who are willing and able to prescribe TPOXX, according to clinicians who have gained such authority.
“It’s a cumbersome process,” said Dr. Anu Hazra, a physician at Howard Brown Health in Chicago who recently began prescribing the treatment.
“Because we don’t yet know how well this drug is going to work for monkeypox patients,” said Dr. Jennifer McQuiston, who leads the CDC’s monkeypox response, “it is important to ensure we have some data from patients who use it, so we can better understand the risks and benefits and ultimately help other people as well.”
Responding to health care providers’ recent complaints about the TPOXX compassionate-use system, the CDC has, for example, made optional previous requirements that clinicians submit photographs of patients’ monkeypox lesions and ship viral specimens to the agency.
In a July 15 letter to the heads of various federal health agencies, PrEP4All and the nonprofit Partners in Health called on the CDC and FDA to end all restrictions on TPOXX’s use and to allow health care providers to freely prescribe it for monkeypox.
Friday, the CDC announced further revisions to the compassionate-use system, including plans to reduce the 100-plus-page document to under 50; pare back the number of reports physicians must fill out about each patient from six to two; and to permit virtual appointments.
“We have reduced the data we need down to the most critical pieces,” McQuiston said “and have worked to make using this drug simpler, in order to ensure doctors can get the drug to patients who need it.”
Dr. Jason Zucker, an infectious disease specialist at Columbia University Department of Medicine whose team has prescribed the antiviral to 45 patients, said that the U.S. should launch a large randomized clinical trial including people with mild monkeypox disease. If anyone in the placebo arm should progress to severe disease, he proposed, they could be switched into a parallel compassionate-use group. This would not only address the crucial question of the drug’s efficacy but also expand access to treatment while also collecting data on people receiving it in a much more rigorous and organized fashion than he said occurs through the current system.
Jumping through hoops to get TPOXX
Luke Brown said that he first tried to gain access to TPOXX through his primary care provider, who submitted the request to New York City’s health department. The request was denied on the grounds that his case wasn’t serious enough. But then he began to suffer pain so severe all he could do was pace around his apartment for hours; even then, his physician delayed in resubmitting the request. So the well-connected Brown tapped into his contacts on social media and finally found someone who linked him to a local doctor with prescribing authority.
Get the Morning Rundown
Get a head
“It’s infuriating,” he said of the hoops he had to jump through to obtain the drug.
“I had to fight for the TPOXX meds,” said an online content creator known as Boomer Banks, also a New Yorker, about what he said was a maddening ordeal finding someone at the city’s health department who could help him access the treatment. “I had no privilege to leverage, just my mouth,” said Banks, who did not want to use his real name used to protect his privacy. “I’m a brown immigrant, 42-year-old HIV-positive sex worker with no insurance. I didn’t take ‘no’ as an answer.”
A recent nonpeer reviewed study posted to a pre-print server found that in laboratory experiments, TPOXX was highly effective at neutralizing the monkeypox strain circulating in the global outbreak.
Under current CDC guidelines, TPOXX is reserved for those with severe disease, including those who are hospitalized or at high risk of a severe outcome because, for example, they are immunocompromised. Those suffering from a common symptom of the virus, intense anorectal or genital pain, qualify for TPOXX, Zucker said.
Brooklyn resident Sebastian Kohn, 39, who had a particularly severe case of monkeypox, said that days after he started TPOXX, the difference in his anorectal pain was “night and day.”
“I can wash myself without wanting to cry,” Kohn said.
Where is the U.S.-based clinical trial?
Asked about the NIH’s plans to back a U.S.-based clinical trial of TPOXX, Judith Hewitt, deputy director of the Office of Biodefense, Research Resources and Translational Research at the National Institute of Allergy and Infectious Diseases, said that “it’s super early days” for such plans.
“There are now just beginning to be discussions about a trial in people living with HIV or at risk of HIV,” she said.
In an email, Dr. Judith Currier, a professor of medicine at the UCLA Division of Infectious Diseases and the chair of a major HIV-related clinical trial network funded by the NIH, confirmed that a trial is being discussed. “I think the holdup is identifying the funding for this work.”
“Money is obviously the real issue here,” Hewitt said. “And so people are scrambling to do what we can do with the resources at hand.” She said the agency is debating whether, for example, to fund a study examining whether a lower dose of the Jynneos vaccine would be highly effective against monkeypox. “So that’s within the same treatment area. But then we’re still up to our eyeballs in Covid.”
Krellenstein, the activist, said, “It’s bizarre, given that we have such large supply in the strategic national stockpile and TPOXX was approved without any human efficacy data, that there weren’t ready-to-go plans for actually doing a U.S. clinical study in the event that we needed to use it.”
According to SIGA’s Hruby, the company might not even look to U.S.trial data on TPOXX to submit to the FDA. Instead, they might rely on the combined findings of the trials already primed to launch in other nations, along with safety data from compassionate-use programs worldwide.
As for how long before the company would submit the drug for FDA approval, Hruby wouldn’t speculate.
“These things always take longer than expected, especially when working with large teams,” Hruby said.
Even on a drug given priority review, the FDA typically takes six months to reach a decision.
TPOXX could help blunt monkeypox’s impact
If approved, TPOXX would offer a future in which the antiviral complements widespread vaccination among at-risk individuals to mitigate monkeypox’s impact on public health, experts said.
The virus could be treated at the very first sign of symptoms, and possibly even during the asymptomatic incubation period if testing technology advances to permit detection at that stage. Such early medical intervention would not only prevent pain and suffering, but would also very likely block transmission of the virus by shortening or eliminating the disease’s infectious period.
Treatment could also save people from the personal and financial hardship of isolating at home for what can be weeks of illness with monkeypox that’s left to resolve on its own.
What’s more, TPOXX could be used as post-exposure prophylaxis among people exposed to monkeypox, either among unvaccinated people or those who cannot be vaccinated, such as the immunocompromised, according to Columbia’s Zucker.
The U.S. Army Medical Research and Development Command does have an established study to assess such a preventive use of this drug. And while a listing of the trial indicates participants must be Department of Defense–affiliated personnel, according to Hruby, there actually is no such restriction.
Friday morning, Luke Brown said his pain had begun to subside and he was watching in wonder as his lesions were steadily sinking back into his skin — “like magic.”
Reflecting on the ordeal monkeypox has been for him, he said it had inspired him to become a public-health activist.
“I’m resolved to see that no one suffers like I did, because no one needs to,” he said.
Anticipating that the U.S. monkeypox outbreak will only continue to expand, he said, “We are just at a crest of avoidable pain unless access to this drug becomes easier.”
In a landmark settlement, a Maine assisted living facility has agreed to establish policies and procedures to ensure it is a welcoming place for LGBTQ seniors, after a 79-year-old transgender woman levied an accusation of discrimination.
When Marie King filed her complaint with the Maine Human Rights Commission in October, alleging that the Sunrise Assisted Living facility in the town of Jonesport refused her admission as a resident because she is transgender, it was believed to be the first complaint of this kind in U.S. history.
The settlement does not set a binding legal precedent. But legal experts nevertheless expect it to raise awareness that nursing homes and other assisted living facilities must abide by various state and federal laws barring them from discriminating against transgender people. The settlement also provides a roadmap for how such facilities can better serve the needs of LGBTQ seniors.
This development comes as more openly transgender adults are expected to enter their senior years — demographic growth in line with the overall increase in people older than 65, according to the Williams Institute. Research indicates that trans seniors are more likely than the general older population to need housing in assisted living facilities, in part because they are more prone to be alienated from family members, be in poorer health and live on lower incomes.
At a video conference meeting based in Augusta on Monday, the Maine Human Rights Commission approved the terms of the settlement negotiated by the commission, the Boston-based GLBTQ Legal Advocates & Defenders (GLAD) and the Adult Family Care Homes of Maine, which runs nine assisted living facilities in the state, including Sunrise.
“I’m thrilled to see this positive outcome,” King said in a statement issued through her attorneys at GLAD. “I believe the new policies will keep others from experiencing mistreatment and will help people understand that transgender people are only seeking to be treated with dignity and respect like anyone else.”
Adult Family Care Homes of Maine did not admit guilt as a part of the settlement and continues to deny having discriminated against King. It has pledged to adopt a comprehensive policy barring discrimination against transgender people. The company will also require all of its staff attend a training, conducted by SAGECare, an LGBTQ+ cultural competency program run by SAGE, on serving this population. The nonprofit organization focuses on improving the lives of LGBTQ+ seniors.
Chris Erchull, a staff attorney at GLAD, said that many staffers of such facilities lack the education and awareness pertaining to transgender adults and their needs, and are unsure how to comply with the law.
“This is a groundbreaking case because it spells out for people what the minimum requirements of the law are and how to make sure that they comply with it,” Erchull said.
“By no means do I think this is an isolated incident,” Karen L. Loewy, senior counsel at Lambda Legal, said of King’s case.
The Williams Institute, a think tank at the UCLA School of Law, estimates there are at least 771,000 LGBTQ adults over 65 in the United States, including 171,100 transgender seniors.
“Our research has shown that LGBT older adults face barriers to receiving formal health care and social support that heterosexual, cisgender adults do not,” said Ilan Meyer, a Williams Institute researcher. “Hopefully, other residential facilities will also implement policies consistent with this settlement.”
Nearly half of U.S. states, including Maine, bar discrimination based on sexual orientation or gender identity in both housing and public accommodation — legal categories that apply to assisted living facilities.
In the spring of 2021, a social worker at Pen Bay Medical Center, where King was receiving medical care, sought a placement for her at Sunrise. Initially, a social worker at the long-term care facility said there were vacancies. But according to King’s complaint, when the Sunrise social worker learned she was transgender, she said they could not admit her because they did not want to place her with a cisgender woman roommate.
On March 14, 2022, the Maine Human Rights Commission voted 3 to 2 that King had reasonable grounds to claim that Sunrise discriminated against her on the basis of her gender identity, transgender status and sex, all of which are protected under the Maine Human Rights Act. This opened the door for the commission to potentially file a lawsuit.
The U.S. Department of Health and Human Services is in the process of conducting its own investigation to determine if Sunrise’s alleged refusal to admit King as a resident violated the sex discrimination provisions of the Affordable Care Act. Courts have interpreted the 2010 law as barring discrimination based on gender identity in health care settings that receive federal funds, including assisted living facilities.
Additionally, the U.S. Supreme Court’s 2020 Bostock v. Clayton decision established protection for LGBTQ people against workplace discrimination.
In an emailed statement to NBC News, John K. Hamer, an attorney at Rudman Winchell in Boston, which represents Adult Family Care Homes of Maine, said that the Sunrise social worker told King’s social worker that Sunrise “was not an appropriate place for Ms. King” because of the possibility that a cisgender woman roommate “was not comfortable having a transgender roommate.”
“However,” Hamer stated, “Sunrise Assisted Living would not have denied Ms. King residency based on her transgender status had she applied for residency. Ms. King just never applied.”
He added that Sunrise “is happy to work with GLAD to enhance its existing policies and to provide training to ensure that such a miscommunication does not happen again.”
As a part of the settlement, the facility has agreed to provide a $1,000 payment to King and an $8,500 payment to GLAD for attorneys fees.
Aaron Tax, managing director of government affairs and policy advocacy at SAGE, said that the details of King’s case “speak to the need for comprehensive, explicit national civil rights protections” for LGBTQ older people.
Sarah Warbelow, legal director at the Human Rights Campaign, pointed to survey data indicating that 70% of Americans support nondiscrimination protections for LGBTQ Americans. She said that the Maine settlement “really represents what people think should be happening: that LGBTQ folks have access to remedies when they experience discrimination.”
In a landmark ruling, a federal court has ordered the Defense Department to end a long-standing Pentagon policy forbidding enlisted military service members from deploying in active duty outside the continental U.S. and being commissioned as officers if they have HIV.
Supporters hailed it as overdue legal affirmation that people receiving effective antiretroviral treatment for HIV are essentially healthy and pose no risk to others.
The judgment topples one of the country’s last major pillars of HIV-related employment discrimination. Federal law has for decades barred employers from discriminating against people with HIV under the Americans with Disabilities Act of 1990. The military has stood alone as the sole U.S. employer maintaining such explicit discriminatory practices.
“This is one of the biggest rulings for people living with HIV and enshrining their protections under the Constitution in decades,” said Kara Ingelhart, a senior attorney at Lambda Legal, which along with a team of private-practice attorneys litigated the cases.
The Pentagon still bans people with HIV from enlisting in the military or from being commissioned out of military academies. The new ruling, which could affect those other prohibitions, concerns service members who are diagnosed after they enter the military.
U.S. District Judge Leonie Brinkema of Eastern Virginia ruled Wednesday in the two cases, Harrison v. Austin and Roe & Woe v. Austin, in which a trio of men sued the military for HIV-related discrimination. The Air Force tried to discharge two pseudonymous plaintiffs, while the D.C. Army National Guard denied Sgt. Nick Harrison a commission in the Judge Advocate General’s Corps, or JAG Corps, because they had HIV.
Brinkema ruled that the Pentagon’s policy qualifying HIV as a chronic condition requiring a waiver was scientifically outdated and that it unfairly treated people with the virus differently from other service members living with chronic health conditions requiring routine medication.
“This is the first decision securing the rights of people living with HIV that is rooted in the equal protection clause of the Constitution,” said Scott Schoettes, a former Lambda attorney in private practice in Chicago, who is co-counsel in the two cases.
Brinkema, who was appointed by President Bill Clinton in 1993, has ordered the Air Force to rescind the discharges of the two airmen. She further ordered the Army to rescind and reconsider its denial of Harrison’s JAG Corps application.
Under the ruling, the Pentagon can no longer use the virus as a reason to discriminate against asymptomatic HIV-positive service members whose viral loads are undetectable thanks to antiretroviral treatment. In particular, the Pentagon may not separate, discharge or deny applications for deployment from such people.
The Justice Department could appeal the ruling to the 4th U.S. Circuit Court of Appeals. In January 2020, the court upheld a preliminary injunction in the case of the two airmen, blocking the Air Force from discharging them while their case was litigated.
President Joe Biden’s 2020 campaign platform included a measure supporting the right of people with HIV to serve fully in the military. Ingelhart expressed hope that the administration will compel the Pentagon to reverse the remaining policies that discriminate based on HIV status.
The Defense Department is the world’s largest employer, with 3 million service members worldwide.
The Pentagon referred questions to the Justice Department, which declined to comment.
Get the Morning Rundown
Get a head start on the morning’s top stories.SIGN UPTHIS SITE IS PROTECTED BY RECAPTCHA PRIVACY POLICY | TERMS OF SERVICE
In defending the two cases, the military argued that service members with HIV pose a theoretical risk to others, such as on the battlefield.
After the Pentagon appealed the injunction to the 4th Circuit in 2019, a group of former military leaders filed an amicus brief supporting the plaintiffs. The brief criticized as scientifically outdated the Pentagon’s policy qualifying HIV as a chronic condition requiring a waiver and argued that the policy compromised military readiness.
Effective antiretroviral treatment for HIV has been on the market since 1996. Today, HIV is typically treated with a once-a-day pill.
Scientists have known for decades that HIV cannot be transmitted through casual contact. Extensive research led the global HIV scientific community to conclude in the late 2010s that people with undetectable viral loads thanks to HIV treatment cannot transmit the virus through sex.
According to Lambda Legal, nearly all of the approximately 2,000 members of the U.S. military living with HIV have undetectable viral loads.
Today, people treated for HIV have near-normal life expectancies.
“The military is being forced to acknowledge the current science regarding HIV: It is easily treatable; there are zero documented cases of transmission in combat; and, most importantly, it is never a reason for discrimination,” said Sarah Warbelow, the legal director of the Human Rights Campaign, who was not involved with the litigation.
Harrison, 45, an Oklahoma native who joined the military in 2000, was diagnosed with HIV in 2012 after he returned from a tour of duty in Kuwait. In May 2018, he sued the Army and the Defense Department for denying his application to become a military lawyer with the JAG Corps.
“It’s nice to see the court make a decision placing science over stigma,” Harrison said of the judge’s ruling.
In December 2018, Harrison’s legal team further sued the Air Force and the Justice Department on behalf of two airmen who received notifications discharging them from service because their HIV statuses prevented their potential deployment to the Middle East.
The policy, codified in a February 2018 memorandum and dubbed “Deploy or Get Out,” outraged the HIV community by forcing some HIV-positive service members out of the military, not previously a common practice, if they faced potential deployment.
Harrison said he keeps in touch with the two other plaintiffs, as well as a collection of fellow HIV-positive members of the military. “We’re looking forward to the opportunity to go forward with our lives and to continue to serve the military in the best way possible,” he said.
His lawyers have also sued the Navy and the Air Force on behalf of a pair of cadets who were blocked from commissioning in the military after their military academy graduations because they had HIV. The case, Deese and Doe v. Austin, which is pending in U.S. District Court for Maryland, is in the discovery phase after the court denied the Pentagon’s request for dismissal.
A 79-year-old woman has reasonable grounds to claim that a Maine assisted-living facility discriminated against her for being transgender when it rejected her as a potential resident, the Maine Human Rights Commission found.
The commission’s 3-2 vote on Monday sets in motion a process that could result in a lawsuit being filed against Sunrise Assisted Living in the town of Jonesport on a claim of violating state nondiscrimination law by denying Marie King’s application for residency.
King’s attorneys say the case has already made legal history as the nation’s first known discrimination complaint filed by a transgender person against a long-term care facility.
“This kind of discrimination against transgender people needing long-term care is far from an isolated incident, but it is also plainly illegal,” said Karen L. Loewy, senior counsel at Lambda Legal, which is not involved in the case.
In July 2021, a California appellate court struck down a portion of a 2017 state lawthat made it a misdemeanor for nursing home staff to deliberately and repeatedly misgender residents or use their former name — known in the trans community as “deadnaming.” The court found that this part of the law violated staff members’ right to free speech under the First Amendment. The California Supreme Court is reviewing the decision and may ultimately reverse it.
The California law has stood at the vanguard of a nascent movement in Democratic-controlled states to establish explicit legal protections against discrimination for LGBTQ seniors in nursing homes.
Long-term care homes that are specifically geared to welcome the nation’s more than 51 million LGBTQ seniors remain few and far between. But they have begun to crop up across the United States in recent years, including in Philadelphia, New York, Minneapolis, Cleveland, Los Angeles, Chicago, San Francisco and San Diego.
Research indicates that trans seniors are more likely than their cisgender counterparts to require institutionalized care because they tend to have lower incomes, be in poorer healthand be more likely have severed ties from family members.
After King was admitted to Pen Bay Medical Center in Rockport, Maine, in the spring of 2021, a hospital social worker sought to place her in a long-term care facility, given her poor overall health.
According to the legal complaint filed with the state human rights commission in October, an administrator at Sunrise initially told the social worker that there were vacancies.
But after the administrator learned that King is transgender, she allegedly told the social worker that she was rejecting her application because she did not want to place her with a cisgender-woman roommate.
“Long-term care facilities need to understand that they’re going to have lesbian, gay and transgender residents or applicants,” said Chris Erchull, a staff attorney at GLBTQ Legal Advocates & Defenders in Boston, the nonprofit firm representing King.
The human rights commission’s decision, Erchull said, “is a reminder to all assisted-living homes and other long-term care facilities that they have to treat people with respect, compassion and understanding.”
The commission will now attempt to resolve the dispute between King and Sunrise, and barring such a resolution the commission may then file suit against the facility on her behalf.
King’s attorneys also have the option of suing independently of the commission.
Sunrise’s attorney, John K. Hamer, declined to comment.
Contacted through her attorney in January, King stated in an email that she hopes her case “will open doors to a better understanding” of the needs of transgender people.