June 15, 2007
CLOSER TO THE EDGE
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It may be hard to make out—but that's Assemblymember Nettie Mayersohn (left) embracing turncoat Assemblymember Vivian Cook, who put the forced-HIV testing bill over the top in Codes. |
Legislation to allow forced HIV testing of suspects in sexual assault cases passed the State Senate on Tuesday by a vote of 44-14 and the Assembly Codes Committee on Thursday afternoon at about 3 PM by a vote of 10-7.
Governor Eliot Spitzer and Assembly Speaker Sheldon Silver have both publicly declared their support for the measure, which is opposed by leading HIV/AIDS, women's and antiviolence groups and by top health experts in state government.
Despite this substantive opposition, and despite eloquent and passionate discussion on the floor of the Senate led by HIV-positive Senator Tom Duane, the measure (A. 4861/S.3740) is closer to passage into law than at any time over the past decade.
If you're opposed: call Albany now!
If you're opposed to this evil piece of legislation, call your Assembly Member in Albany toll-free now! You can call 888-802-1207 to reach the switchboard and ask for your representative (if you don't know who represents you visit congress.org) and tell them:
Please vote no on A. 4861 — it won't help rape survivors, and it's opposed by leading antirape and women's groups. And it will hurt our efforts to fight AIDS — it's opposed by all leading AIDS groups."
News coverage of the bill included details of Duane's opposition, as well as fierce quotes from activists:
"Rape survivors are being horribly manipulated," said Nina Herzog of Housing Works. "They are being used by AIDS-phobic legislators to try to promote HIV testing at the expense of their own ability to make sound health decisions."
"It's really not something that has rape survivors at the heart of it," she said. "It's much more about hitting hard this myth of people with HIV going out there and murdering through sexual violence... they should be ashamed of themselves."
Next week is the last week of the regular legislative session in Albany; the bill will need to go through the Rules Committee and possibly the Ways & Means Committee, and then to the floor. Any 'no' vote is important — and any failure would doom the bill this year.
Senate showdown
HIV-positive State Senator Tom Duane led the fight against the bill on the floor of the Senate on Tuesday, speaking forcefully on its failure to help rape survivors, its origins in ignorance and stigma, and its potential harmful impact on survivors, suspects and public health efforts.
Strong floor speeches were also made by Senators Liz Krueger, Eric Schneiderman, Ruth Hassel-Thompson and Velmanette Montgomery, who pointed out exactly how the bill would accelerate stigma, make it harder for her to convince people of faith in her Brooklyn district to get involved in AIDS work and make it harder to bring people at risk for HIV in for testing and care.
But the know-nothings won the day 44-14 with 'yes' votes from many Democrats and more than a few Republicans who should know better. Senators Eric Adams and Diane Savino, for example, spoke eloquently on the shortcomings of the bill when speaking in favor of Duane's amendment to provide free post-exposure prophylaxis to survivors but ended up voting 'yes' on the bill.
Assembly action
Activists from leading AIDS, women's, reproductive health and antiviolence groups carried out dozens of meetings with legislators on Monday and Tuesday, focusing on Assembly Codes Committee members in particular.
But when the bill came to a vote in an abrupt Codes meeting called off the floor with little notice and a one-bill agenda on Thursday afternoon, it was almost anticlimactic: there was no discussion or debate on the measure, and the vote was 10-7 in favor.
Activists had been targeting a few key 'swing' votes for special attention, but all fell the wrong way: Assembly Member Vivian Cook of Queens voted 'yes' on the bill (despite her morning statement to colleagues that she was against it), as did Nick Perry of Brooklyn and Phil Boyle of Suffolk County. Michele Titus of Queens did not vote.
Activism continues
Housing Works is planning continued and ramped-up activism against the bill; to get involved email Charles Long in Albany RIGHT NOW at long2@housingworks.org.
And don't forget to make those phone calls; if you're opposed to this evil piece of legislation, call your Assembly Member in Albany toll-free now!
You can call 888-802-1207 to reach the switchboard and ask for your representative (if you don't know who represents you visit congress.org) and tell them:
Please vote no on A. 4861 — it won't help rape survivors, and it's opposed by leading antirape and women's groups. And it will hurt our efforts to fight AIDS — it's opposed by all leading AIDS groups."