So when President Obama signs the Ryan White HIV/AIDS Treatment Extension Act this morning (11:50am EST), will he also fully repeal the travel ban that keeps HIV-positive foreigners from entering the country or becoming citizens? That's what's expected. But wait: Doesn't that mean Obama will be knocking down a law without Congress' approval? (UPDATE: Obama did it.)
It would seem so.
Congress OK'd the then-six-year-old law in 1993, back when AIDS was still reason enough to get scurrrred about shaking hands with someone who's positive. Last year, Sens. John Kerry and Gordon Smith, along with Rep. Barbara Lee got a reversal on the ban through Congress, but before President George W. Bush could finalize everything (he signed it into law), his term expired.
Which appears to be how Obama will clean up some unfinished business without having to get lawmakers to issue another reversal: Just pick up where Bush left off.
The Office of Management and Budget and the Health and Human Services Department are already working on what happens post-repeal.
And if Obama makes good on rumor and kills the travel ban while re-upping billions of federal dollars for AIDS treatment and prevention programs, well, won't we have one less thing to bitch about?
UPDATE: Obama just did as expected, signing the Ryan White extension, and the end of the HIV Travel and Immigration Ban. The new rules take effect in January — as the Department of Health and Human Services is given 60 days to enact the new rules — meaning HIV status is no longer a factor in issuing visas or immigration papers.
OBAMA'S FULL REMARKS on the next page.
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Congress did repeal the ban last year. You state it in the next paragraph. You're trying to make the analogy that he can strike down this law but not strike down DADT w/o congressional approval, but that's not the case.
I believe that Obama should issue an order to not enforce DADT, but it doesn't excuse presenting factually inaccurate information to make that point.
You are an ignorant shmuck. Congress repealed the law, and the President has to implement the regs. Did you attend a high school civics class or just graduate "bitter gay blogger" school?
Seriously, such uninformed comments hurt our cause.
The ban on HIV+ travelers and immigrants was an embarrassment for the United States. Lifting the ban was a long time coming and however we finally got there it is good news for anyone affected by HIV.
JoeB is right. Repeal of the ban was approved by Congress and signed into law by Bush before he left office. The ban remained in placed until the policy could be revised, which has been done, hence the announcement.
Anyway it is great news, let us celebrate this event!
I thank all who has made this possible.
Go on in solidarity on your path to equal rights in hearts and minds, knowing you are not alone!
Have a great time!
I fail to understand Queerty's intense antipathy to President Obama. When I read that statement, which you've buried in pge 2 of your post, I read one of the most reasoned, intelligent and compassionate statements ever made by an American President about AIDS.
We should certainly continue to press Obama on his stated promises to gay Americans, but we also need to recognize what he's done already in the first 9 months of his Presidency.
Lifting the ban on immigration for HIV+ people will affect many people's lives – across the racial and economic spectrum. It will allow families to stay together and will allow people to make their homes here in the United States. The extension of the Ryan White Act will similarly affect many, many people in our community – especially the most underprivileged.
I want Obama to come out proactively against DOMA, as we all do. And, though the issue is not one that I care about, if gay men and women want to fight wars for the United States, then they should be allowed to just like anyone else. However, I think it's high time that we start seeing his effort to pass universal health care as a HUGE issue for the gay community, which includes among its numbers lots and lots of people who struggle with their health care.
Let's push Obama when necessary, but do so in a way that doesn't make us appear narrow-minded in the process.
I think this article is rather poorly written. Someone please correct me if I have the history wrong: The bill banning HIV + people from entering the USA was written by Jesse Helms and signed by Bill Clinton. Last year Congress overturned it and it has taken Obama 10 months to issue the order enforcing Congress' action.
Maybe we should be discussing why Obama finally decided to issue the order to enforce this year-old action by Congress. Possibly because the gAyTM is closed?
And, Brian, I don't think you're going to be very happy with the healthcare "reform" that we'll end up with. Unless maybe you work for the healthcare industry. I'm just saying.
Queerty = bitter, lifeless gay who has nothing to do but bitch about things in their life.
Peter=ad hominem-spouting sock puppet troll unable to take any criticism of his BFF Obama.