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Legislative Action



AIDS debate: right of public v. rights of individuals



By BILL KEMP

Since the General Assembly's first-in-the-nation AIDS package was signed in 1987, legislative debate over the issue has continued unabated. Two years ago, conservative lawmakers championed the publics right to protection while those of a more liberal cast emphasized individual rights. Today, though simplified to a degree, the debate over changes in the 1987 provisions and additional legislation remains centered around these two principles.

The 1987 package was a legislative balancing act that attempted to satisfy both sides. It included requirements for testing of all donated blood, voluntary tracing of victims' sexual partners, sex education to include AIDS prevention, guarantees of confidentiality and a premarital AIDS test.

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Rep. Penny Pullen (R-55, Park Ridge), one of the architects of the 1987 package, continues to lead conservative efforts to strengthen the public protection provisions of AIDS laws. As the sole Illinoisan and only legislator appointed in 1987 to President Ronald Reagan's 13-member AIDS commission, Pullen's staunch conservatism has propelled her to to the forefront of debate. Pullen highlights conservative concern over public protection by saying "one does not express compassion [for AIDS victims] by being uncaring whether people get this virus."

Pullen says she is planning to repel two efforts this session that would, from her perspective, weaken existing AIDS legislation. Her first defensive effort involves keeping H.B. 4005 (P.A. 85-1399), which was signed last session, on the books. The controversial part of the law allows physicians to test individuals for AIDS without their permission if a doctor believes the test is neccesary for treatment or diagnosis.

If one listens to Pullen, the law is a necessary precaution to protect the public from the further spread of the disease. Pullen describes those advocating repeal of P.A. 85-1399 as defenders of "ACLU medicine. They put civil rights ahead of people's physical well-being," she says.

If one listens to her detractors, the law is at best ineffective and at worst an encroachment on individual liberties. One of the detractors, Rep. Ellis Levin (D-5, Chicago), labels the law as "the most repressive piece of legislation I have seen in my six terms in the House." Levin already has filed H.B. 24, a bill to repeal the provision. The forthcoming battle over P.A. 85-1399 highlights the vast legislative differences that have only grown wider as the AIDS epidemic has grown larger.

Pullen's second defensive effort in the upcoming session will be over the controversial provision of the 1987 package that requires a human immunodeficiency virus (HIV) test for couples applying for marriage licenses. Three bills have been introduced, two that would amend the testing requirements and a third that would repeal the provision altogether. Rep. Grace Mary Stern (D-58, Highland Park), who is confident she can muster the votes necessary for repeal, argues that the law is unnecessary. In 1988, of the 77,729 couples applying for a license, only 26 persons tested positive. And the number of marriage licenses issued in Illinois dropped 20 percent, according to the Department of Public Health figures, as couples either did not bother to get licenses or went out of state to avoid the test. Marriage license fees are revenue for counties, and the drop has been felt most strongly by counties bordering other states.

Rep. Levin agrees with Stern that the premarital test should be repealed, but takes a more cautious route. The Chicago legislator from a district with a large homosexual population worries that Gov. James R. Thompson would veto any attempt at repeal. Levin instead intends to amend the law, allowing the Department of Public Health to create a "threshold" figure of AIDS cases in the state. The department would review the need to reinstitute the premarital test each year, judging whether the annual increase in AIDS cases would warrant such action.

Rep. James M. Kirkland's (R-66, Elgin) bill would keep the testing requirement intact but would eliminate the $50 to $120 cost of testing by having the marriage applicants donate blood. For donating blood, an applicant would receive the HIV test at no cost. The Department of Public Health has opposed this idea because it places a monetary value on donating blood (which is currently illegal) and could possibly bring high-risk individuals into the blood bank system.

Department of Public Health spokesman Thomas J. Schafer said the central concern of director Bernard J. Turnock is to convince Thompson that the premarital test is an ineffective route to slow the disease. Turnock has miffed conservative legislators with his outspoken criticism of both the premarital test and P.A. 85-1399. As a key player in AIDS legislation, Turnock's relationship with Pullen is stormy. Although Illinois has one of the most comprehensive sets of laws dealing with AIDS in the nation, she says a "change in attitude of our top public health officials would put [Illinois] even further ahead." Pullen remains steadfast against any change in the premarital test law. "I think it would be a mistake for the Illinois legislature to imply that we think AIDS isn't as important as we thought it was when we passed that provision," she says.

Besides combating attempts to chip away at existing legislation, Pullen looks to expand the public protection side of the 1987 package. Her offensive effort will be to promote prisoner testing. Pullen says she will introduce a bill requiring the Department of Corrections to test every inmate within 30 days of release. A more stringent testing program was vetoed by Thompson in 1987. Criminal prosecution for those who intentionally infect someone is also being considered, according to Pullen.

The AIDS package crafted in 1987 reflected compromises between those promoting public protection and those highlighting individual rights. The ensuing two years' experience has not narrowed the differences. The debate will continue until a cure is discovered.□


March 1989 | Illinois Issues | 27


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