Preferred Citation: Murphy, Timothy F. Ethics in an Epidemic: AIDS, Morality, and Culture. Berkeley:  University of California Press,  c1994 1994. http://ark.cdlib.org/ark:/13030/ft8q2nb67r/


 
Notes


189

Notes

INTRODUCTION

1. Such was the argument advanced in a meeting of the Joint Chiefs of Staff as they discussed President Bill Clinton's proposal to end the official ban on gay men and lesbians in the armed services. See Erich Schmitt, "Joint Chiefs Fighting Clinton Plan to Allow Homosexuals in Military," New York Times , 25 Jan. 1993, p. A1.

2. Alan Cantwell, AIDS and the Doctors of Death: An Inquiry into the Origins of the AIDS Epidemic (Los Angeles: Aries Rising Press, 1988), 18 and passim.

3. See Raanon Gillon, "A Startling 19,000-word Thesis on the Origin of AIDS: Should the JME Have Published It?" Journal of Medical Ethics 18 (1992): 3-4.

4. See U.S. Senate Committee on Labor and Human Resources, AIDS Treatment Research and Approval (Washington, D.C.: U.S. Government Printing Office, 1987). Also see James Harvey Young, "AIDS and Deceptive Therapies," American Health Quackery: Collected Essays (Princeton: Princeton University Press, 1992), 256-285.

5. Friedrich Nietzsche, "On Truth and Lie in an Extramoral Sense," in The Portable Nietzsche , ed. Walter Kaufmann (New York: Viking, 1968), 46-47.

6. Timothy F. Murphy, "Is AIDS a Just Punishment?" Journal of Medical Ethics 14 (1988): 154-160.

7. See Elisabeth Kübler-Ross and Mal Warshaw, AIDS: The Ultimate Challenge (New York: Macmillan, 1987), 24.

8. Thinking AIDS (Reading, Mass.: Addison-Wesley, 1988), 9-10. Another writer cast the benefits of AIDS in theological language. He called AIDS a "cleansing," saying that not only is the emergence of AIDS understandable given contemporary mores but also that it "must needs come in order that redemption be wrought and righteousness be established." Kenneth L. Vaux, Birth Ethics: Religious and Cultural Values in the Genesis of Life New York: Crossroad, 1989), 49. That same ethicist elsewhere argued that "AIDS victims suffer and die as an act of crucifixion for the sin of the world" ("The Moral Anguish of AIDS," Chicago Tribune , 18 Sept. 1987, sec. 1, p. 23).

9. Douglas Crimp, "AIDS: Cultural Analysis, Cultural Activism," in AIDS: Cultural Analysis, Cultural Activism , ed. Douglas Crimp (Cambridge: MIT Press, 1988), 3.

1— The Once and Future Epidemic

1. Randy Shilts, And the Band Played On: Politics, People, and the AIDS Epidemic (New York: St. Martin's Press, 1987), 11.

2. Shilts's treatment of Gaetan Dugas has previously been discussed by Douglas Crimp ("How to Have Promiscuity in an Epidemic," in AIDS: Cultural Analysis, Cultural Activism , ed. Douglas Crimp [Cambridge: MIT Press, 1988], 237-271, esp. 241-246) and by Judith Williamson ("Every Virus Tells a Story," in Taking Liberties: AIDS and Cultural Politics , ed. Simon Watney [London: Serpent's Tail/ICA, 1989], 69-80).

3. See Alessandro Manzoni, The Betrothed , trans. Bruce Penman (Middlesex: Penguin Books, 1972), 597-598, 647, and Daniel Defoe, A Journal of the Plague Year , ed. Anthony Burgess and Christopher Bristow (Middlesex: Penguin Books, 1966), 167-168, 173-174.

4. See "How to Have Promiscuity in an Epidemic" (pp. 241-243) in which Crimp details some of the headlines on "Patient Zero" that followed the release of Shilts's book.

5. See, for example, Jacques Leibowitch, A Strange Virus of Unknown Origin , trans. Richard Howard (New York: Ballantine, 1985).

6. Ronald Bayer, Private Acts, Social Consequences: AIDS and the Politics of Public Health (New York: Free Press, 1989). Elsewhere Bayer has also speculated that possible future shifts in public and professional thinking might use AIDS as evidence in favor of a pathological interpretation of homoeroticism. See Homosexuality and American Psychiatry , 2d ed. (Princeton: Princeton University Press, 1987), appendix. Indeed, AIDS had already been used in that way. See James L. Fletcher, "Homosexuality: Kick and Kickback," Southern Medical Journal 77 (1984): 149-150.

7. Monroe Price, Shattered Mirrors: Our Search for Identity and Community in the AIDS Era (Cambridge: Harvard University Press, 1989), 108.

8. Price, Shattered Mirrors , 108.

9. Other dire predictions about the future of the epidemic have been listed in Michael Fumento, The Myth of Heterosexual AIDS (New York: Free Press, 1985), 301.

10. Shilts, And the Band Played On , 21-22.

11. Shilts, And the Band Played On , 196.

12. Shilts, And the Band Played On , 165.

13. James Miller, "AIDS in the Novel: Getting It Straight," in Fluid Exchanges: Artists and Critics in the AIDS Crisis , ed. James Miller (Toronto: University of Toronto Press, 1992), 258.

14. Shilts, And the Band Played On , 83, 136.

15. Crimp has observed how very differently Dugas might have been characterized. See Crimp, "How to Have Promiscuity in an Epidemic," 245 n. 8.

16. Shilts, And the Band Played On , 165; emphasis added.

17. Shilts, And the Band Played On , 246-247.

18. Shilts, And the Band Played On , 251.

19. See Mary Catherine Bateson and Richard Goldsby, Thinking AIDS (Reading, Mass.: Addison-Wesley, 1988), 44-45.

20. Shilts, And the Band Played On , 439.

21. Shilts, And the Band Played On , 439.

22. Shilts, And the Band Played On , 439.

23. Shilts, And the Band Played On , 147.

24. Shilts, And the Band Played On , 147.

25. For an analysis of the way the "fast lane" may be an artifact of social oppression of gay men, see Patricia Illingworth, AIDS and the Good Society (London: Routledge, 1990).

26. Price, Shattered Mirrors , 102.

27. Bayer, Private Acts , 4-5.

28. Bayer, Private Acts , 153.

29. Bayer, Private Acts , 241.

30. It is worth pointing out that it is not AIDS properly speaking (which is "merely" disease) but public opinion about the meaning of AIDS which will decide whether social and legal policies will change. By itself "AIDS"--understood as a constellation of pathogenic processes--is politically inert. The question is therefore not whether AIDS will change the future; the question is whether people will adopt interpretations of AIDS and its social significance that justify the kind of undesirable outcomes Price and Bayer are at pains to outline.

31. Richard D. Mohr, Gays/Justice: A Study in Ethics, Society, and Law (New York: Columbia University Press, 1988), 267.

32. Gene Antonio, The AIDS Cover-Up? Real and Alarming Facts about AIDS (San Francisco: Ignatius Press, 1986).

33. Antonio, The AIDS Cover-Up ? 133.

34. Heta Häyry and Matti Häyry, "AIDS Now," Bioethics 1 (1987): 339-356.

35. Price, Shattered Mirrors , 96-97.

36. This conference was held in Amsterdam instead of Boston, as originally planned, in order to protest the United States ban on entry by persons with HIV infection. See chapter 5 for further discussion.

37. Lawrence K. Altman, "At AIDS Talks, Reality Weighs Down Hope," New York Times , 26 July 1992, p. A1.

38. "Selling Sex Does Not Pay," U.S. News & World Report, 27 July 1992, p. 52.

39. "Driving Blindly into an Epidemic," U.S. News & World Report , 27 July 1992, p. 54.

40. Lawrence K. Altman, "Cost of Treating AIDS Patients Is Soaring," New York Times , 23 July 1992, p. B8. See also both articles cited above (nn. 38, 39) in U.S. News & World Report.

41. "The Hidden Cost of AIDS," U.S. News & World Report , 27 July 1992, pp. 49-51.

42. Lawrence K. Altman, "AIDS-focused New Parties Are Proposed at Conference," New York Times , 20 July 1992, p. A2.

43. Lawrence K. Altman, "New Virus Said to Cause a Condition like AIDS," New York Times , 23 July 1992, p. B8.

44. Lawrence K. Altman, "'AIDS' without Trace of H.I.V.: Talks in Amsterdam on Five Cases," New York Times , 22 July 1992, p. A1.

45. "AIDS Puzzle: No Cause for Panic," New York Times , 23 July 1992, p. A22. Some researchers immediately questioned the significance of this newly identified virus. See Lawrence K. Altman, "Two Experts Questioning Report about Possible New AIDS Virus," New York Times , 2 August 1992, p. A1.

46. Geoffrey Cowley, "Is a New AIDS Virus Emerging?" Newsweek , 27 July 1992, p. 41.

47. See Nigel Hawkes, "Britain under Threat from Most Virulent Strain of HIV," The Times [London], 23 July 1992, p. 2.

48. See, for example, Malcolm Gladwell, "Officials Respond Cautiously to Reports of Mysterious AIDS-like Disease," Washington Post , 22 July 1992, p. A4, and Cowley, "Is a New AIDS Virus Emerging?"

49. Peter Zingler, Die Seuche: Roman (Frankfurt am Main: Eichborn, 1989). For an extensive discussion of this work see Sander L. Gilman, "Plague in Germany: 1939/1989: Cultural Images of Race, Space, and Disease," in Writing AIDS: Gay Literature, Language, and Analysis , ed. Timothy F. Murphy and Suzanne Poirier (New York: Columbia University Press, 1993), 54-82.

50. See John Clum, "'And Once I Had It All': AIDS Narratives and Memories of an American Dream," in Writing AIDS , 219-221.

51. James Miller, "Dante on Fire Island," in Writing AIDS , 301.

52. Peter Bowen, for example, has faulted the film for its narrative movement to an increasingly insular, politically and socially isolated experience of AIDS rather than to an increasing confrontation of the racial, economic, and political circumstances of the epidemic ("Island Hopping," OutWeek , 16 May 1990, pp. 63-64).

53. Blaise Pascal, Pensées , trans. A. J. Krailsheimer (London: Penguin, 1966), 65.

2— The Search for a Cure

1. Meurig Horton quotes Simon Watney to this effect in "Bugs, Drugs, and Placebo," in Taking Liberties: AIDS and Cultural Politics , ed. Erica Carter and Simon Watney (London: Serpent's Tail/ICA, 1989), 161.

2. Larry Kramer, Reports from the Holocaust: The Making of an AIDS Activist (New York: St. Martin's Press, 1989), 196.

3. See, for example, Lawrence K. Altman, "Government Panel on H.I.V. Finds the Prospect for Treatment Bleak," New York Times , 29 June 1993, p. B6; George Annas, "Faith (Healing), Hope, and Charity at the FDA: The Politics of AIDS Drug Trials," in AIDS and the Health Care System , ed. Lawrence O. Gostin (New Haven: Yale University Press, 1990), 183-194.

4. Paul Monette, Borrowed Time: An AIDS Memoir (New York: Harcourt Brace Jovanovich, 1988), 1.

5. Monette, Borrowed Time , 6-8.

6. Monette, Borrowed Time , 40.

7. Monette, Borrowed Time , 40.

8. Monette, Borrowed Time , 75.

9. I owe this comparison to Emily Apter's "Fantom Images: Hervé Guibert and the Writing of 'Sida' in France," in Writing AIDS: Gay Literature, Language, and Analysis , ed. Timothy F. Murphy and Suzanne Poririer (New York: Columbia University Press, 1993), 83-97.

10. Monette, Borrowed Time , 77.

11. Monette, Borrowed Time , 19.

12. Monette, Borrowed Time , 109.

13. Monette, Borrowed Time , 155.

14. Monette, Borrowed Time , 208.

15. Monette, Borrowed Time , 208-209.

16. Monette, Borrowed Time , 196.

17. Monette, Borrowed Time , 260-263.

18. On the history of sexual orientation therapy even after the APA decision to declassify homosexuality as necessarily a pathology, see Timothy F. Murphy, "Sexual Orientation Therapy: Techniques and Justifications," Journal of Sex Research 29 (1993): 501-523.

19. For example, see Joseph Nicolosi, The Reparative Therapy of Male Homosexuality (New York: Jason Aronson, 1992).

20. Monette, Borrowed Time , 3-4.

21. Bill Behrens, "AMA Bans Anti-Gay Bias," Windy City Times , 17 June 1993, p. 1.

22. Monette, Borrowed Time , 55.

23. Monette, Borrowed Time , 128.

24. Monette, Borrowed Time , 339-340.

25. Monette, Borrowed Time , 85.

26. Monette, Borrowed Time , 66.

27. "Founding Statement of People with AIDS/ARC (The Denver Principles)," in AIDS: Cultural Analysis, Cultural Activism , ed. Douglas Crimp (Cambridge: MIT Press, 1988), 148.

28. Monette, Borrowed Time , 335.

29. Monette, Borrowed Time , 103.

30. Paul Monette, Afterlife (New York: Crown, 1990).

31. David Wojnarowicz, "Living Close to the Knives," in David Wojnarowicz, Close to the Knives: A Memoir of Disintegration (New York: Vintage, 1991), 93.

32. Wojnarowicz, "Knives," 93-94.

33. Wojnarowicz, "Knives," 94.

34. Wojnarowicz, "Knives," 95-96.

35. Wojnarowicz, "Knives," 96.

36. Wojnarowicz, "Knives," 96.

37. Even prior to the emergence of AIDS, quackery had been a significant problem in U.S. health care. See James Harvey Young, The Medical Messiahs: A Social History of Health Quackery in Twentieth-Century America (Princeton: Princeton University Press, 1967). Reliance on sectarian medicine has also always drawn significant numbers of persons unhappy with orthodox allopathic medicine in the United States to osteopaths, chiropractors, folk healers, naprapaths, acupuncturists, and so on. See Other Healers: Unorthodox Medicine in America , ed. Norman Gevitz (Baltimore: Johns Hopkins University Press, 1988).

38. Wojnarowicz, "Knives," 107.

39. Wojnarowicz, "Knives," 107.

40. David Wojnarowicz, "X Rays," in Wojnarowicz, Close to the Knives , 114.

41. Wojnarowicz, "Knives," 115.

42. Wojnarowicz, "X Rays," 115-116.

43. Wojnarowicz, "X Rays," 118-119.

44. See Timothy F. Murphy, "Women and Drug Users: The Changing Faces of HIV Clinical Drug Trials," Quality Review Bulletin 17 (1992): 26-32.

45. Hervé Guibert, To the Friend Who Did Not Save My Life (New York: Atheneum, 1991). Guibert has also written Le protocole compassionel (Compassionate Access) (Paris: Gallimard, 1991), which continues the story of his quest for an AIDS cure.

46. Apter, "Fantom Images," 83.

47. James Miller, The Passion of Michel Foucault (New York: Simon and Schuster, 1993), 29.

48. Guibert, To the Friend , 13.

49. Guibert, To the Friend , 16-17.

50. Guibert, To the Friend , 23-24.

51. Guibert, To the Friend , 25.

52. Guibert, To the Friend , 31. See also James Miller, The Passion of Michel Foucault , 21.

53. Guibert, To the Friend , 39.

54. Miller, The Passion of Michel Foucault , 26-29.

55. Guibert, To the Friend , 222.

56. Guibert, To the Friend , 10.

57. Guibert, To the Friend , 32.

58. Guibert, To the Friend , 10.

59. Guibert, To the Friend , 34-35.

60. Guibert, To the Friend , 35.

61. Guibert, To the Friend , 38.

62. Guibert, To the Friend , 119-120.

63. Apter, "Fantom Images," 87.

64. Guibert, To the Friend , 142.

65. Guibert, To the Friend , 143.

66. Guibert, To the Friend , 160.

67. Guibert, To the Friend , 16.

68. Guibert, To the Friend , 210-211.

69. Guibert, To the Friend , 37.

70. Guibert, To the Friend , 70.

71. Guibert, To the Friend , 165.

72. Guibert, To the Friend , 188.

73. Guibert, To the Friend , 208.

74. Guibert, To the Friend , 246.

75. Guibert, To the Friend , 207. Monette ( Borrowed Time , 328-329) had similarly encountered a physician with no time for hopeless cases of AIDS.

76. Kramer, Reports from the Holocaust , 222, 267-268, 275 (for example).

77. Kramer, Reports from the Holocaust , 277.

78. See a number of articles on this federal legislation in "Practising the PSDA," Special Supplement, Hastings Center Report 21 (1991): S1-S16.

79. See Jack Kevorkian, Prescription: Medicide (Buffalo, N.Y.: Prometheus, 1992), and Derek Humphry, Final Exit: The Practicalities of Self-Deliverance and Assisted Suicide for the Dying (Eugene, Ore.: Hemlock Society, 1991).

80. See the conclusions of a U.S. National Institutes of Health conference: Lawrence K. Altman, "Government Panel on H.I.V. Finds the Prospect for Treatment Bleak," New York Times , 29 June 1993, p. B6.

81. National Research Council, The Social Impact of AIDS in the United States , ed. Albert R. Jonsen and Jeff Stryker (Washington, D.C.: National Academy Press, 1993).

82. Shilts, And the Band Played On , 451.

83. Andrew Holleran, "New Complicities," Christopher Street , no. 165, 1991, pp. 6-8.

3— Testimony

1. Richard Hall, "Gay Fiction Comes Home," New York Times Book Review , 19 June 1988, p. 1. For a leap into the sea, see Fritz Peters, Finistère (New York: New American Library, 1985 [originally pub. 1951]).

2. See David Leavitt, Family Dancing (New York: Knopf, 1984), The Lost Language of Cranes (New York: Knopf, 1986), and Equal Affections (New York: Weidenfeld and Nicolson, 1989); Robert Ferro, The Family of Max Desir (New York: Dutton, 1983); Armistead Maupin, Babycakes (New York: Harper and Row, 1984) and Significant Others (New York: Perennial, 1987); and Stephen McCauley, Object of My Affection (New York: Simon and Schuster, 1987).

3. Douglas Crimp, "How to Have Promiscuity in an Epidemic," in AIDS: Cultural Activism, Cultural Analysis , ed. Douglas Crimp (Cambridge: MIT Press, 1988), 240; emphasis in the original.

4. See Douglas Crimp "Mourning and Militancy," October 51 (1989): 3-18.

5. Arguing against the view of the Names Project quilt as a petition or as a collective story, Richard Mohr concludes that its panels have a sacralizing function in service of the individual. See "Text(ile): Reading the Names Project Quilt," in Richard D. Mohr, Gay Ideas: Outing and Other Controversies (Boston: Beacon Press, 1992), 105-128.

6. Barbara Peabody, The Screaming Room (San Diego: Oak Tree Publications, 1986).

7. Peabody, The Screaming Room , 248.

8. Andrew Holleran, Dancer from the Dance (New York: Morrow, 1978); see also his Nights in Aruba (New York: New American Library, 1983).

9. Andrew Holleran, "Circles," Christopher Street , no. 103, 1986, pp. 7-10.

10. Andrew Holleran, "Ernie's Funeral," Christopher Street , no. 108, 1988, pp. 7-11.

11. Andrew Holleran, Ground Zero (New York: Morrow, 1989), 201-209.

12. Holleran, Ground Zero , 91-99.

13. Holleran, Ground Zero , 73-80.

14. Holleran, Ground Zero , 29-36.

15. Andrew Holleran, "George Stambolian, Professor of Desire," Christopher Street , no. 173, 1992, pp. 3-5.

16. Holleran, Ground Zero , 29-36.

17. Peabody, The Screaming Room , 253.

18. Andrew Holleran, "Reading and Writing," Christopher Street , no. 115, 1987, pp. 5-7.

19. Paul Monette, Borrowed Time (New York: Harcourt Brace Jovanovich, 1988), 227.

20. AIDS: The Women , ed. Ines Rider and Patricia Ruppelt (San Francisco: Cleis, 1988), 31-35.

21. Elizabeth Cox, Thanksgiving (New York: Harper and Row, 1990).

22. Paul Monette, Love Alone: Eighteen Elegies for Rog (New York: St. Martin's Press, 1988).

23. Monette, Borrowed Time , 1.

24. Monette, Borrowed Time , 9-10.

25. Monette, Borrowed Time , 151.

26. Monette, Borrowed Time , 251.

27. Monette, Borrowed Time , 161.

28. Monette, Borrowed Time , 161.

29. Monette, Borrowed Time , 252.

30. "In Loving Memory of Jon B. Hettwer," PWA Coalition Newsline , no. 67, July 1991, p. 47.

31. Peabody, The Screaming Room , 7.

32. Monette, Borrowed Time , 88.

33. Cox, Thanksgiving , 76.

34. Cindy Ruskin, Matt Herron, and Deborah Zemke, The Quilt: Stories from the Names Project (New York: Pocket Books, 1988).

35. Diseased Pariah News , no. 3, 1992, p. 1. See "AIDS: Grin and Bear It," Newsweek , 15 Apr. 1991, p. 58.

36. Paul Rudnick's play Jeffrey is an example of the possibility of a comedy about AIDS. See Paul Rudnick, "Laughing at AIDS," New York Times , 23 Jan. 1993, p. A15, and Frank Rich, "Playwright Uses Laughter as Defense against AIDS," New York Times , 3 Feb. 1993, p. B1.

37. Holleran, Ground Zero , 11-18.

38. Gabriel Marcel, The Philosophy of Existentialism (Seacaucus, N.J.: Citadel Press, 1956), 91-103.

39. See Robert C. Solomon, The Passions (Notre Dame, Ind.: University of Notre Dame Press, 1976), 359-360.

40. Jeff Nunokawa, "'All the Sad Young Men': AIDS and the Work of Mourning," Yale Journal of Criticism 4 (1991): 1-13.

41. Nunokawa, "'All the Sad Young Men,'" 9.

42. After long refusal, the New York Times will now name lovers in obituaries. At the death of Enno Poersch, a cofounder of the Gay Men's Health Crisis, that newspaper reported, for example: "He is survived by his parents, Herbert and Ingeborg Poersch, and a brother, Ranier, all of Portland, Oregon. His companion was Michael Hatoff of Manhattan." See "Enno Poersch, 45, Dies; AIDS Group Founder," New York Times , 10 May 1990, B11.

43. Monette, Borrowed Time , 69, 83, 72.

44. Monette, Borrowed Time , 312.

4— Celebrities and AIDS

1. George A. Gellert, Penny C. Weismuller, Kathleen V. Higgins, and Roberta M. Maxwell, "Disclosure of AIDS in Celebrities," New England Journal of Medicine 327 (1992): 1389. All citations are from this source.

2. Richard L. Madden, "McKinney Recalled as Fighter for the Poor," New York Times , 15 May 1987, pp. B1, B4.

3. Steven Lee Myers, "Anthony Perkins, Star of 'Psycho' and All Its Sequels, Is Dead at 60," New York Times , 14 Sept. 1992, p. D10.

4. Ryan White and Ann Marie Cunningham, Ryan White: My Own Story (New York: Dial Press, 1991).

5. Ronald Bayer, Private Acts, Social Consequences: AIDS and the Politics of Public Health (New York: Free Press, 1989), 191, 192, 196, 206.

6. Bruce Lambert, "Alison L. Gertz, Whose Infection Alerted Many to AIDS, Dies at 26," New York Times , 9 Aug. 1992, p. 150.

7. Philip J. Hilts, "Woman with AIDS Seizes Stage, Asking Bush to Help Ease Stigma," New York Times , 4 Aug. 1991, p. A1.

8. See Robert J. Blendon and Karen Donelan, "Discrimination against People with AIDS: The Public's Perspective," New England Journal of Medicine 319 (1988): 1022-1026, and Robert J. Blendon and Karen Donelan, "AIDS, the Public, and the 'NIMBY' Syndrome," in Public and Professional Attitudes toward AIDS Patients , ed. David E. Rogers and Eli Ginzberg (Boulder, Colo.: Westview Press, 1989), 19-30.

9. See M. Roy Schwartz, "Physicians' Attitudes toward AIDS" (pp. 31-41), Gayling Gee, "Nurse Attitudes and AIDS" (pp. 43-53), and Troyen A. Brennan, "Removing Barriers to Health Care for People with HIV-Related Disease: A Matter of Law or Ethics?" (pp. 55-73), all in Public and Professional Attitudes . Also see Caryn Christensen, Ann King-Meltzer, and Barbara Fetzer, "Medical Students' Reaction to AIDS: The Influence of Patient Characteristics on Hypothetical Treatment Decisions," Teaching and Learning in Medicine 3 (1991): 138-142.

10. For a discussion of the ways in which such a presumption is already under siege, see Marc Seigler, "Confidentiality in Medicine: A Decrepit Concept," New England Journal of Medicine 32 (1982): 1518-1521.

11. H. Tristam Engelhardt, Jr., for example, describes the many conditions under which patients and physicians meet one another. It is worth noting that the fractured and transient nature of many health-care encounters in the United States suggests that neither patient nor physician should assume a commonality of views about the form and content of their relationship. Hence, a certain adversarial component may best protect the interests of both patients and physicians alike. See his The Foundations of Bioethics (New York: Oxford University Press, 1986), 256-262.

12. "Ashe has known he had AIDS since 1988, when doctors found an abscess on his brain caused by toxoplasmosis, an infection that is often a marker for AIDS. He and his wife, Jeanne, a fine photographer, decided not to go public with his illness for the sake of their daughter, Camera, who was two at the time. Ashe told a few close friends, who kept quiet. However, after USA Today informed Ashe this spring that it was pursuing the story, he felt that to maintain his privacy, he would have to lie about his health [if he denied the diagnosis]." Kenny Moore, "The Eternal Example," Sports Illustrated , 21 Dec. 1992, p. 26.

13. White and Cunningham, Ryan White: My Own Story .

14. Earvin "Magic" Johnson and William Novak, My Life (New York: Random House, 1992).

15. "Study Finds Many Heterosexuals Are Ignoring Serious Risk of AIDS," New York Times , 13 Nov. 1992, p. A10.

16. Nancy Collins, "Liz's AIDS Odyssey," Vanity Fair , Nov. 1992, pp. 208-213, 262-270.

17. The Arthur Ashe Foundation for the Defeat of AIDS, for example, raised $500,000 of its $5 million goal in only three months. Moore, "The Eternal Example," 21.

18. Kramer has written widely on the epidemic. Notable are his play The Normal Heart (New York: New American Library, 1985) and the autobiographical essays collected in Reports from the Holocaust (New York: St. Martin's Press, 1989).

19. James Miller, The Passion of Michel Foucault (New York: Simon and Schuster, 1993), 25. Foucault's death, as treated by Hervé Guibert, is treated by Emily Apter in "Fantom Images: Hervé Guibert and the Writing of 'Sida' in France," in Writing AIDS: Gay Literature, Language, and Analysis , ed. Timothy F. Murphy and Suzanne Poirier (New York: Columbia University Press, 1993), 83-97.

20. There was considerable litigation over the damages owed to Christian by reason of Hudson's failure to disclose. Christian was originally awarded virtually all of Hudson's estate (see "Hudson's Lover Wins $7 Million More," New York Times , 18 Feb. 1989, p. A7). The judge presiding in the case set that judgment aside as excessive (see "Jury Award Is Sharply Cut in Hudson AIDS Suit," New York Times, 22 Apr. 1989, p. A7). Litigation continued even after these decision.

21. Clifford D. May, "McKinney Dies of Illness Tied to AIDS," New York Times, 8 May 1987, pp. B1, B4. See also "AIDS Victim Rep. McKinney Dies," Congressional Quarterly Weekly Report 45 (1987): 899.

22. See Phillip Brian Harper, "Eloquence and Epitaph: Black Nationalism and the Homophobic Impulse in Responses to the Death of Max Robinson," in Writing AIDS, 117-139.

23. His cause of death was initially announced as bowel cancer. "Robert Reed, Actor, Dead at 59; The Father of 'The Brady Bunch,'" New York Times, 14 May 1992, p. B14.

24. "Journalist Randy Shilts Announces He Has AIDS," Windy City Times, 25 Feb. 1993.

25. See John Rockwell, "Rudolf Nureyev Eulogized and Buried in Paris," New York Times, 13 Jan. 1993, p. B8, and "A Lost Generation," Newsweek, 18 Jan. 1993, pp. 16-20, esp. p. 16. Nureyev's silence and his wish that his physician not disclose his diagnosis prompted gay writer Paul Monette to observe, "I don't consider him a great hero of the arts. I consider him a coward. I don't care how great a dancer he was" ("A Lost Generation," 19).

26. Bernard Weinraub, "Anthony Perkins's Wife Tells of Two Years of Secrecy," New York Times, 16 Sept. 1992, pp. C15, C17.

27. Weinraub, "Anthony Perkins's Wife," p. C15.

28. Glenn Collins, "Brad Davis, 41, A Leading Actor in 'Normal Heart' and 'Querrelle,'" New York Times, 10 Sept. 1992, p. B5.

29. Liberace's cause of death was originally reported by his physician to be congestive heart failure (see James L. Barron, "Liberace, Flamboyant Pianist, Is Dead," New York Times, 5 Feb. 1987, p. B6). After the county coroner ordered an autopsy, he declared that there was sufficient evidence to identify Pneumocystis carinii pneumonia as the cause of death (see "Omission of AIDS in Liberace Report Is Defended," New York Times, 14 Feb. 1987, p. A7).

30. Douglas Crimp, "Accommodating Magic," lecture presented at the conference, "AIDS: Images, Actions, Analysis," at the School of the Art Institute of Chicago, 1 Dec. 1992. Except for this paragraph, this chapter was written prior to Crimp's presentation.

31. "Travelers' Aids," Hastings Center Report 22 (1992): 2-3. Johnson's book is What You Can Do to Avoid AIDS (New York: Times Books, 1992).

32. See, for example, Arthur Ashe, "AIDS: Looking for Answers," Proteus 9 (1992): 1-2.

33. "Good Morning America," ABC, 1 Dec. 1992.

5— The Angry Death of Kimberly Bergalis

1. For details of Rock Hudson's AIDS, see Randy Shilts, And the Band Played On: People, Politics, and the AIDS Epidemic (New York: St. Martin's Press, 1987), and Tom Clark and Dick Kleiner, Rock Hudson, Friend of Mine (New York: Pharos, 1989).

2. Johnson announced his diagnosis of HIV infection at a press conference in November 1991. See, for example, Erik Eckholm, "Facts of Life" and "The Long Road from HIV to AIDS," New York Times, 17 Nov. 1991, sec. 4, p. 1.

3. Centers for Disease Control, "Possible Transmission of Human Immunodeficiency Virus to a Patient during an Invasive Dental Procedure," Morbidity and Mortality Weekly Report 39 (1990): 489-493.

4. Hacib Aoun, "When a House Officer Gets AIDS," New England Journal of Medicine 321 (1989): 693-696.

5. Centers for Disease Control, "Update: Transmission of HIV Infection during an Invasive Dental Procedure--Florida," Morbidity and Mortality Weekly Report 40 (1991): 377-381. See more recently Carol Ciesielski, Donald Marianos, Chjin-Yih Ou, Robert Dumbaugh, Jon Witte, Ruth Berkelman, Barbara Gooch, Gerald Myers, Chi-Ching Luo, Gerald Schochetman, James Howell, Alan Lasch, Kenneth Bell, Nikki Economou, Bob Scott, Lawrence Furman, James Curran, and Harold Jaffe, "Transmission of Human Immunodeficiency Virus in a Dental Practice," Annals of Internal Medicine 116 (1992): 798-805. For a general discussion of the risk to patients from HIV-infected health-care workers, see Mary E. Chamberland and David M. Bell, "HIV Transmission from Health Care Worker to Patient: What Is the Risk?" Annals of Internal Medicine 116 (1992): 871-873.

6. Bruce Lambert, "Kimberly Bergalis Is Dead of AIDS at 23; Symbol of Debate over AIDS Tests," New York Times, 9 Dec. 1991, p. D9.

7. See Lambert, "Kimberly Bergalis."

8. See Lambert, "Kimberly Bergalis."

9. This view was evident in a personality magazine article that opined: "All who know her agree that Kimberly is the last person they would have thought might get AIDS." Bonnie Johnson, Meg Grant, and Don Sider, "A Life Stolen Early," People, 22 Oct. 1990, pp. 70-73.

10. In simple declarative form the headline asserts not that anybody can get AIDS but that no one is--can be--safe. This kind of inflammatory language is of a piece with alarmist pronouncements about AIDS which continue to this day.

11. Richard Mohr points out that the family in question here in fact belonged to a "high risk" group since the father was a hemophiliac, his wife had sex with him, and together they bore a child. See Gays/Justice: A Study in Ethics, Society, and Law (New York: Columbia University Press, 1988), 218-219. But indeed all the persons portrayed in the photoarticle were involved in "high risk" behavior since HIV infection is possible in all kinds of sexual intercourse, not merely same-sex intercourse. Moreover, even the "heterosexual" soldier featured in the article turned out to be lying to the magazine about not being gay. See Randy Shilts, Conduct Unbecoming: Lesbians and Gays in the U.S. Military, Vietnam to the Persian Gulf (New York: St. Martin's Press, 1993), 506-507.

12. "The New Victims," Life, July 1985, pp. 12-19.

13. "Gay Police Officer Infected with H.I.V. on Job, Judge Rules," New York Times, 8 June 1992, p. A16: "The ruling was hailed as a precedent that gay public employees can overcome presumptions that AIDS always results from homosexual behavior."

14. See Sander L. Gilman, "AIDS and Syphilis: The Iconography of Disease," in AIDS: Cultural Analysis, Cultural Activism, ed. Douglas Crimp (Cambridge: MIT Press, 1988), 107.

15. See Gilman, "AIDS and Syphilis," 93-95.

16. Centers for Disease Control, "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients during Exposure-prone Invasive Procedures," Morbidity and Mortality Weekly Report 40 (1991): 1-9.

17. See Johnson, Grant, and Sider, "A Life Stolen Early."

18. See Lambert, "Kimberly Bergalis."

19. See Robert J. Blendon and Karen Donelan, "Discrimination against People with AIDS: The People's Perspectives," New England Journal of Medicine 319 (1988): 1022-1026. See also "AIDS and the Real Electorate" [advertisement], New York Times, 24 Jan. 1988, p. A25.

20. This idea was suggested to me by Sander Gilman's "AIDS and Syphilis."

21. Mohr, Gays/Justice, 247-266.

22. See Johnson, Grant, and Sider, "A Life Stolen Early."

23. For an analysis of the meaning of victim see Jan Zita Grover, "AIDS: Keywords," in AIDS: Cultural Analysis, Cultural Activism, 17-30.

24. See Lambert, "Kimberly Bergalis": "When Ms. Bergalis's case was diagnosed, Dr. Acer told health investigators that he did not believe he had infected anyone."

25. This possibility was discussed, for example, on "Good Morning America," ABC, 11 June 1992, by George Bergalis, Kimberly's father, and another patient infected by David Acer.

26. See, for example, Max Navarre, "Fighting the Victim Label," in AIDS: Cultural Analysis, Cultural Activism, 143-145. See also James W. Jones, "Refusing the Name: The Absence of AIDS in Recent American Gay Male Fiction," in Writing AIDS: Gay Literature, Language, and Analysis, ed. Timothy F. Murphy and Suzanne Poirier (New York: Columbia University Press, 1993), 225-243.

27. See Lambert, "Kimberly Bergalis."

28. In her will Bergalis did leave $50,000 to the University of Miami Clinical AIDS research program and $10,000 to a local AIDS support group. See Paul Varnell, "AIDS Notes," Windy City Times, 23 Jan. 1992, p. 8.

29. "Good Morning America," ABC, 10 Dec. 1991.

30. See Navarre, "Fighting the Victim Label," 145.

31. Ann Landers, "The Positive Side of AIDS: A Fuller Life," Daily News (New York), 22 Dec. 1991, p. C20.

32. David Margolick, "For a Crusader Whose Time of Glory Has Come, Even AIDS Fails to Dampen the Spirit," New York Times, 5 Feb. 1993, p. B9. In the statement released after his death, actor Anthony Perkins said, "I have learned more about love, selflessness, and human understanding from the people I have met in this great adventure in the world of AIDS than I ever did in the cutthroat, competitive world in which I spent my life." See Bernard Weinraub, "Anthony Perkins's Wife Tells of Two Years of Secrecy," New York Times, 16 Sept. 1992, p. C15.

33. For an argument against moralizing AIDS, see Eric Matthews, "AIDS and Sexual Morality," Bioethics 2 (1988): 118-128. See also Philip J. Hilts, "Dying Member of Panel on AIDS Wants Her Illness to Lift Stigma," New York Times, 4 Aug. 1991, p. 1, and Randy Shilts, "Good AIDS, Bad AIDS," New York Times, 10 Dec. 1991. p. A19.

34. If an HIV test were to be required of health-care workers, for example, should it be required after hiring or prior to hiring? And if it were carried out prior to hiring, would it be used to exclude job candidates from certain jobs?

35. Through the end of September 1993, a total of 339, 250 cases of AIDS had been reported. See Centers for Disease Control, HIV/AIDS Surveillance, vol. 5, no. 3 (1993), p. 2.

6— Health-Care Workers with HIV

1. American Medical Association, "AMA Statement on HIV-infected Physicians," 17 Jan. 1991.

2. In 1992 the board of trustees of the AMA withdrew this broad directive and in its place adopted an advisory that physicians should disclose an HIV infection to a state or local review committee which would then have the responsibility for making recommendations about any restrictions on the physician's practice. (American Medical Association House of Delegate Report, Report BB--"HIV Infections and Physicians," 1992.) This kind of reporting requirement is discussed below in chapter 7, "Teaching AIDS in China."

3. Centers for Disease Control, HIV/AIDS Surveillance, October 1993, table 3, p. 6, n. 5.

4. Jean Latz Griffin, "Edgar Signs Legislation on AIDS Notification," Chicago Tribune, 5 Oct. 1991, sec. 1, p. 1.

5. This was not the sole reason offered, however, since benefit of accurate patient diagnosis was also advanced as a reason for such testing.

6. Self-protection and protection of children are typically expressed concerns in this regard. See Mireya Navarro, "Patients Grilling Health Care Workers on AIDS," New York Times, 2 Aug. 1991, pp. B1, 2.

7. Navarro, "Patients Grilling Health Care Workers."

8. P. J. Burnham has parodied the possibility of full disclosure in his article "Medical Experimentation on Humans," Science 152 (1966): 448-450.

9. Centers for Disease Control, "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients during Exposure-prone Invasive Procedures," Morbidity and Mortality Weekly Report 40 (1991): 1-9.

10. Centers for Disease Control, "Preliminary Analysis: HIV Serosurvey of Orthopedic Surgeons," Morbidity and Mortality Weekly Report 40 (1991): 309-312.

11. See chapter 5 above.

12. Rumors about doctors with AIDS often seem to have a life of their own, independent of facts. See, for example, "Coping with a Rumor That Could Be Ruinous," New York Times, 23 Jan. 1993, p. A7.

13. C. Mount and R. Kotulak, "Cook County Suspends Doctor with AIDS," Chicago Tribune, 3 Feb. 1987, sec. 1, p. 1. See too W. B. Crawford, "Doctor with AIDS Won't Be Restricted," Chicago Tribune, 25 Feb. 1987, sec. 2, p. 2.

14. H. Tristam Engelhardt, Jr., Foundations of Bioethics (New York: Oxford University Press, 1986), 250-335.

15. John Rawls, A Theory of Justice (Cambridge: Harvard University Press, 1971).

16. J. M. A. Lange, C. A. B. Boucher, C. E. Hollak, E. H. Wiltink, P. Reiss, E. A. van Royen, M. Roos, S. A. Danner, and J. Goudsmit, "Failure of Zidovudine Prophylaxis after Accidental Exposure to HIV-1," New England Journal of Medicine 322 (1990): 1375-1377.

17. It would remain an open question, of course, whether the information withheld would have altered a patient's choice. Nevertheless, such are the claims courts are asked to decide.

18. Such appears to be the conclusion of the court in a 1991 case. See David Orentlicher, "HIV-infected Surgeons: Behringer v. Medical Center," Journal of the American Medical Association 266 (1991): 1134-1137. See also an unpublished manuscript by Kenneth De Ville, "Nothing to Fear but Fear Itself: Informed Consent and HIV-infected Physicians," 1994.

19. Engelhardt, Foundations of Bioethics, 274.

20. Donald H. J. Hermann, "Torts: Private Lawsuits about AIDS," in AIDS and the Law, ed. Harlon L. Dalton, Scott Burris, and the Yale Law Project (New Haven: Yale University Press, 1987), 153-172.

21. Lawrence Gostin, "HIV-infected Physicians and the Practice of Seriously Invasive Procedures," Hastings Center Report 19 (1989): 32-39.

22. Norman Daniels, "Duty to Treat or Right to Refuse," Hastings Center Report 21 (1991): 36-46.

23. Monroe Price, Shattered Mirrors: Our Search for Identity and Community in the AIDS Era (Cambridge: Harvard University Press, 1989); Emily Apter, "Fantom Images: Hervé Guibert and the Writing of 'Sida' in France," in Writing AIDS: Gay Literature, Language, and Analysis, ed. Timothy F. Murphy and Suzanne Poirier (New York: Columbia University Press, 1993), 83-97; Ronald Bayer, Private Acts, Social Consequences: AIDS and the Politics of Public Health (New York: Free Press, 1989).

7— Teaching AIDS in China

1. I adapt the phrase from Randy Shilts's characterization of Gaetan Dugas in And the Band Played On: People, Politics, and the AIDS Epidemic (New York: St. Martin's Press, 1987).

2. Jonathan Mann, "Worldwide Epidemiology of AIDS," in The Global Impact of AIDS, ed. Alan F. Fleming, Manuel Carballo, David W. FitzSimons, Michael R. Gailey, and Jonathan Mann (New York: Alan R. Liss, 1992), 6.

3. Shilts, And the Band Played On, 580.

4. "China Seen Alert and Active on World Aids Day," China Daily, 2 Dec. 1991, p. 3.

5. Max Navarre, "Fighting the Victim Label," in AIDS: Cultural Analysis, Cultural Activism, ed. Douglas Crimp (Cambridge: MIT Press, 1988), 143-146.

6. Sometimes, of course, the terminology is used not only to emphasize the plight of PWAs but also to underline the morally "innocent" status of, say, a baby, adolescent, or heterosexual adult with HIV.

7. There are suspicions that China has underreported the prevalence of HIV. See Philip Shenon, "After Years of Denial, Asia Faces Scourge of AIDS," New York Times, 8 Nov. 1992, p. A1: "Researchers say they believe that the number of Chinese infected with H.I.V. is much higher than the official figure released by the Government, which claims that only about 1,000 Chinese out of a population of 1.1 billion people carry the virus that causes AIDS. Because of intravenous drug use in China's southern provinces, H.I.V. infections are said to be growing at an explosive rate."

8. See Sander Gilman, "AIDS and Syphilis," in AIDS: Cultural Analysis, Cultural Activism, 87-107.

9. Medical Journal of Australia, vol. 1, no. 12 (1983): cover.

10. Charles M. Helmken, AIDS: Images for Survival (Washington: Shoshin Society, 1989), unpaginated.

11. Douglas Crimp and Adam Rolston, AIDS Demo Graphics (New York: Bay Press, 1990), and Douglas Crimp, ed., AIDS: Cultural Analysis, Cultural Activism.

12. See Richard Plant, The Pink Triangle: The Nazi War against Homosexuals (New York: Henry Holt, 1986).

13. See Crimp and Rolston, AIDS Demo Graphics . See, for example, Jeff Nunokawa, "'All the Sad Young Men,'" Yale Journal of Criticism 4 (1991): 1-13.

14. Billy Howard, Epitaphs for the Living: Words and Images in the Time of AIDS (Dallas: Southern Methodist University Press, 1989).

15. Peter M. Bowen, "AIDS 101," in Writing AIDS: Gay Literature, Language, and Analysis, ed. Timothy F. Murphy and Suzanne Poirier (New York: Columbia University Press, 1993), 140-160.

16. Gary Washburn and Robert Davis, "AIDS Poster Debuts, Fans Controversy," Chicago Tribune, 21 Aug. 1990, sec. 2, p. 3.

17. Robert Davis, "Three Call Special City Council Meeting on 'Kiss' Poster," Chicago Tribune, 21 Aug. 1990, sec. 2, p. 3. A Chicago Tribune editorial challenged the worth of the poster, saying that its message--purportedly that AIDS was not limited to gay men--got lost in "an AIDS campaign designed to create controversy over gay encounters. If it was an attempt to counter homophobia, certainly the brouhaha has had the opposite effect" ("Kissing Doesn't Tell Much about AIDS," Chicago Tribune, 17 Aug. 1990, sec. 1, p. 22). Even some AIDS educators criticized the posters, though they did so anonymously, saying, "This poster does zip as far as AIDS education goes." One newspaper article even examined the claim that kissing doesn't kill and as evidence to the contrary reported the remote, theoretical, as yet unsubstantiated chance of HIV infection through kissing. See Jean Latz Griffin and Gary Washburn, "Experts Cast Doubt on AIDS Poster," Chicago Tribune, 17 Aug. 1990, sec. 1, p. 2.

18. This poster appears in Helmken, AIDS: Images for Survival .

19. Centers for Disease Control, "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients during Exposure-prone Invasive Procedures," Morbidity and Mortality Weekly Report 40 (1991): 1-9.

20. For these reasons I voted with a small minority against this policy proposal.

21. Charles Perrow and Mauro F. Guillén, The AIDS Disaster: The Failure of Organizations in New York and the Nation (New Haven: Yale University Press, 1990).

22. Bret Hinsch, Passions of the Cut Sleeve: The Male Homosexual Tradition in China (Berkeley: University of California Press, 1991), 170-171. See also Fang Fu Ruan, Sex in China (New York: Plenum, 1991).

23. See Vincent E. Gil, "The Cut Sleeve Revisited: A Brief Ethnographic Interview with a Male Homosexual in Mainland China," Journal of Sex Research 29 (1992): 569-577.

24. "China Seen Alert and Active."

8— HIV at the Borders

1. The impetus for such testing had been coming from a number of quarters during this time. See "Reagan Discloses Controversial AIDS Plan," Congressional Quarterly Weekly Report 45 (1987): 1210-1211.

2. See "AMA Opposes Reagan on AIDS Testing," Congressional Quarterly Weekly Report 45 (1987): 1381. While the AMA opposed mandatory testing in a number of instances, it did favor the testing of immigrants.

3. Report of the Ellis Island Committee (New York: Jerome S. Ozer, 1971 [originally pub. 1934]), 36.

4. Philip J. Hilts, "In Shift, Health Chief Lifts Ban on Visitors with the AIDS Virus," New York Times, 4 Jan. 1991, p. A1. In fact the headline here should have read "Health Chief Proposes Lifting Ban" because that proposal was never adopted.

5. Nancy Zeldis, "Senators Seek Change in Alien AIDS Policy," National Law Journal, 8 May 1989, p. 16.

6. Philip J. Hilts, "Clinton to Lift Ban on Visitors Carrying H.I.V.," New York Times, 9 Feb. 1993, p. A17; Clifford Krauss, "Immigration Ban on AIDS Is Backed," New York Times, 19 Feb. 1993, p. A7; Adam Clymer, "House, like Senate, Votes to Ban Immigrants Carrying AIDS Virus," New York Times, 12 Mar. 1993, p. A8.

7. See Philip J. Hilts, "Landmark Accord Promises to Ease Immigration Curbs," New York Times, 26 Oct. 1990, p. A1.

8. Robert Pear, "Health Dept. Loses in AIDS Rule Dispute," New York Times, 28 May 1991, p. A18.

9. Karen De Witt, "U.S., in Switch, Plans to Keep Out People Infected with AIDS Virus," New York Times, 26 May 1991, p. A1.

10. De Witt, "U.S., in Switch."

11. Pear, "Health Dept. Loses."

12. Pear, "Health Dept. Loses."

13. Robert Pear, "Ban on Aliens with AIDS to Continue for Now," New York Times, 30 May 1991, p. A23.

14. "This AIDS Ban Invites Ridicule," New York Times, 19 June 1991, p. A24.

15. Harvey V. Fineberg, "False Aim against AIDS," New York Times, 31 July 1991, p. A19.

16. Lawrence K. Altman, "U.S. Ban of Infected Travelers Attacked at World AIDS Conference," New York Times, 17 June 1991, p. A13; Philip J. Hilts, "U.S. Policy on Infected Visitors to Keep AIDS Meeting Out of Country," New York Times, 17 Aug. 1991, p. A6.

17. Philip J. Hilts, "U.S. Policy on Infected Visitors." See Philip J. Hilts, "U.S. Planning to Allow Visits by People with AIDS," New York Times, 2 Aug. 1991, p. B2.

18. De Witt, "U.S., in Switch."

19. William Dannemeyer, Shadow in the Land: Homosexuality in America (San Francisco: Ignatius Press, 1989). Dannemeyer's title recalls former surgeon general Thomas Parran's book, Shadow on the Land (New York: Reynal & Hitchcock, 1937), which detailed for its time the social horrors of syphilis and, sometimes, the evils of syphilitics.

20. See Timothy F. Murphy, "Is AIDS a Just Punishment?" Journal of Medical Ethics 14 (1988): 154-160.

21. Pear, "Ban on Aliens with AIDS."

22. Margaret A. Somerville, "The Case against HIV Antibody Testing of Refugees and Immigrants," Canadian Medical Association Journal 141 (1989): 889-894.

23. I do not think the adoption of such a bar desirable; I make this point in order to underscore an inconsistency in attitude in the desire to protect U.S. citizens but not foreign nationals from possible HIV infection.

24. Indeed, there are many accounts that pinpoint the responsibility of Americans, specifically gay Americans, in exporting AIDS to other countries. For example, see P. D. Marsden, "AIDS: It Came for the Carnival," British Medical Journal 302 (1991): 337.

25. Clifford Krauss, "Immigration Ban on AIDS Is Backed," New York Times, 19 Feb. 1993, p. A7.

26. Margaret Somerville, "Law as an 'Art Form' Reflecting AIDS: A Challenge to the Province and Function of Law," in Fluid Exchanges: Artists and Critics in the AIDS Crisis, ed. James Miller (Toronto: University of Toronto Press, 1992), 287-304.

27. Fineberg, "False Aim against AIDS."

28. "This AIDS Ban Invites Ridicule," New York Times, 19 June 1991, p. A24.

29. See David S. North, "Impact of Legal, Illegal, and Refugee Migrations on U.S. Social Service Programs," in U.S. Immigration and Refugee Policy, ed. Mary M. Kritz (Lexington, Mass.: Lexington Books, 1983), 269-285.

30. National Research Council, The Social Impact of AIDS, ed. Albert R. Jonsen and JeffStryker (Washington, D.C.: National Academy Press, 1993), 69.

31. See David F. Musto, "Quarantine and the Problem of AIDS," in AIDS: The Burdens of History, ed. Elizabeth Fee and Daniel M. Fox (Berkeley: University of California Press, 1988), 67-85.

32. Laurent DuBois, "Blood Stigma: Blaming Haitians for AIDS," Proteus 9 (1992): 20-24. See also Paul Farmer, AIDS and Accusation: Haiti and the Geography of Blame (Berkeley: University of California Press, 1992). On the connection with voodoo, see William R. Greenfield, "Night of the Living Dead II: Slow Virus Encephalopathies and AIDS: Do Necromantic Zombiists Transmit HTLV-III during Voodooistic Rituals?" Journal of the American Medical Association 256 (1986): 2199-2200.

33. Parran, Shadow on the Land , 36.

34. Philip J. Hilts, "U.S. Still Holds Haitians with H.I.V. in Cuba Base," New York Times , 10 Dec. 1992, p. A13.

35. See Michael S. Teitelbaum, "An Exodus Was Risky," New York Times, 2 Feb. 1993, p. A11.

36. Krauss, "Immigration Ban on AIDS Is Backed." As of this writing it is unclear whether the U.S. House of Representatives will affirm this vote or whether Mr. Clinton will veto any such measure put before him. As if to underline the homophobic implications of this kind of action, the media reported the Senate's action as linked to the president's efforts to lift the ban on gay men and lesbians serving openly in the military.

37. Mary B. Tabor, "Judge Orders the Release of Haitians," New York Times , 9 June 1993, p. B4. See also Thomas L. Friedman, "U.S. to Release 158 Haitian Detainees," New York Times , 10 June 1993, p. A6.

38. Somerville, "Law as an 'Art Form.'"

39. Musto, "Quarantine and the Problem of AIDS," 80.

40. For a review of some aspects of this exclusionary policy in force for about three-quarters of a century, see Peter N. Fowler and Leonard Graff, "Gay Aliens and Immigration: Resolving the Conflict between Hill and Longstaff," University of Dayton Law Review 10 (1985): 621-644.

41. See Anthony P. Maingot, "Ideology, Politics, and Citizenship in the American Debate on Immigration Policy: Beyond Consensus," in U.S. Immigration and Refugee Policy , 361-379.

42. This point was suggested to me by Judith Walzer Leavitt's, "'Typhoid Mary' Strikes Back: Bacteriological Theory and Practice in Early Twentieth-Century Public Health," Isis 83 (1992): 629.

43. Fineberg, "False Aim against AIDS."

44. Robert Pear, "U.S. to Argue Employers Can Cut Health Coverage," New York Times , 16 Oct. 1992, p. A14.

45. See "Health Insurance Horror," New York Times , 16 Nov. 1992, p. A12. The Supreme Court found an employer's action of setting a $5,000 lifetime limit on AIDS-related employee health benefits to be legal under the Employee Retirement and Income Security Act of 1974.

46. See Thomas J. Curran, Xenophobia and Immigration, 1820-1930 (Boston: Twayne, 1975).

47. See Lawrence H. Fuchs, "Immigration, Pluralism, and Public Policy: The Challenge of the Pluribus to the Unum," in U.S. Immigration and Refugee Policy , 269-285.

48. Curran, Xenophobia and Immigration , 120-128.

49. Jean-Paul Sartre, Anti-Semite and Jew (New York: Schocken, 1948).

50. Michael C. LeMay, "U.S. Immigration Policy and Politics," in The Gatekeepers: Comparative Immigration Policy , ed. Michael C. LeMay (New York: Praeger, 1989), 1-21.

9— Politics and Priorities

1. See "Where the Candidates Stand on AIDS," Playboy , Oct. 1987, pp. 50-51, 54, which compiles statements by Democratic and Republican presidential candidates in 1987.

2. That debate did not include all presidential candidates with views relevant to AIDS. Andre Marrou of the Libertarian Party, for example, opposed the ban on therapeutic marijuana use for the control of pain and nausea in PWAs. See Andre Marrou, "Why Gays Should Vote for a Libertarian President," Windy City Times , 15 Oct. 1992, p. 12.

3. "Transcript of the First Debate among the Presidential Candidates," New York Times , 12 Oct. 1992, pp. A12-15. All citations from this debate are from this source.

4. Fisher in fact represented the third heterosexual person to fill the position on the commission intended for someone with HIV. No gay man with AIDS was ever appointed to that post.

5. See James Harvey Young, American Health Quackery: Collected Essays (Princeton: Princeton University Press, 1992), 256-285.

6. See Jason DeParle, "111 Held in St. Patrick's AIDS Protest," New York Times , 11 Dec. 1989, p. B3. A PBS "P.O.V." presentation of the film that documented this protest, "Stop the Church," was canceled in 1991 because, according to a vice-president for scheduling and programming, the film "simply crosses the line of being responsible programming into being ridicule." The film's director, Robert Hilferty, denied that the film's intent was to ridicule; he said the "film followed the planning and outcome of the demonstration, in which 5,000 people gathered outside the church, and 134 of them entered and fell down in the aisles to symbolize death."

7. In fact, Bush once characterized the tactics used by AIDS activists as "an excess of free speech." See "Bush Assails Tactics Used by AIDS Lobby," New York Times , 21 Apr. 1991, p. 121. Bush had, of course, also cautioned against excesses by other protests. For example, while expressing sympathy for anti-abortion sentiments, he cautioned protesters in Wichita about excesses. See Maureen Dowd, "Bush Chides Protesters on 'Excesses,'" New York Times , 17 Aug. 1991, p. A7.

8. At both national Democratic and Republican conventions, speakers with HIV or AIDS addressed the audience. The 1992 Democratic party made AIDS visible in a way no presidential campaign had done before. Certainly, of course, the question of involvement of people with HIV at the convention raises the question of whether the speakers weren't co-opted from more direct and embarrassing confrontations with the political party. While such a perspective is possible because of the introduction of such persons into the campaign process, still the visibility--and especially the voice of people struck by HIV--countered the long lamented invisibility and voicelessness of PWAs in the national consciousness.

9. Nancy Collins, "Liz's AIDS Odyssey," Vanity Fair , Nov. 1992, p. 264.

10. Republican political Jack Kemp, for example, observed: "But, as President Reagan pointed out, 'When it comes to preventing AIDS, don't medicine and morality teach the same thing?' All the research we have confirms that the answer to that question is 'Yes, they do.'" "Where the Candidates Stand on AIDS," 51.

11. "Health Insurance Cuts," New York Times , 16 Oct. 1992, p. A1; Robert Pear, "U.S. to Argue Employers Can Cut Health Coverage," New York Times , 16 Oct. 1992, p. A18. Ironically, the Court also held that the disabled may not be refused employment because of costs they would incur through insurance coverage. Robert Pear, "The Disabled Gain New Rights to Jobs and Health Insurance," New York Times , 9 June 1993, p. A1.

12. "Clinton: 'Tomorrow We Will Try to Give You Change,'" Chicago Tribune , 4 Nov. 1992, sec. 1, p. 22.

13. National Research Council, The Social Impact of AIDS in the United States , ed. Albert R. Jonsen and JeffStryker (Washington, D.C.: National Academy Press, 1993), p. 3.

14. Social Impact, 7.

15. Social Impact, 3.

16. Social Impact, 6.

17. Social Impact, 7.

18. Social Impact, 9, esp. 19.

19. Social Impact, 8.

20. Social Impact, 72 ff.

21. Social Impact, 74 n. 10.

22. Social Impact, 66.

23. Social Impact, 80 ff.

24. Liz McMillen, "Research Council's Report on AIDS Draws Fire for 'Insensitivity,'" Chronicle of Higher Education , 24 Feb. 1993, p. A9.

25. Chris Bull, "Report on AIDS Impact Draws Intense Criticism," Advocate , 9 Mar. 1993, p. 25.

26. Social Impact, 118.

27. Hans Jonas, "Philosophical Reflections on Experimenting with Human Subjects," Philosophical Essays: From Current Creed to Technological Man (Chicago: University of Chicago Press, 1993), 105-131.

28. For example: "The AIDS epidemic thus represents an opportunity and challenge for the revitalization of the practice of public health with regard to both infectious conditions and the chronic disorders that represent so much of the task of public health in the United States today . . ." Social Impact , 43.

29. Social Impact, 7.

30. Social Impact, 10.

10— No Time for an AIDS Backlash

1. Charles Krauthammer, "AIDS: Getting More than Its Share," Time , 25 June 1990, p. 80.

2. Mike Royko, "Message on AIDS Gets Lost in Poster," Chicago Tribune , 21 Aug. 1990, sec. 1, p. 3.

3. See Randy Shilts, And the Band Played On: Politics, People, and the AIDS Epidemic (New York: St. Martin's Press, 1987), 295.

4. Michael Fumento, The Myth of Heterosexual AIDS (New York: Basic Books, 1990), 18.

5. Fumento, Myth of Heterosexual AIDS, 32.

6. Fumento, Myth of Heterosexual AIDS, 32.

7. Fumento, Myth of Heterosexual AIDS, 328.

8. "AIDS and Misdirected Rage," New York Times , 26 June 1990, p. A22.

9. Bruce Fleming, "A Different Way of Dying," The Nation 250 (1990): 446-450.

10. See Leon Kass, Toward a More Natural Science: Biology and Human Affairs (New York: Free Press, 1985), 157-186.

11. Shilts, And the Band Played On , 221, 308.

12. Dooley Worth, "Sexual Decision-making and AIDS: Why Condom Promotion among Vulnerable Women Is Likely to Fail," Studies in Family Planning 20 (1989): 297-307.

13. "AIDS and the Real Electorate" [advertisement], New York Times , 24 Jan. 1988, p. A25

14. Robert J. Blendon and Karen Donelan, "Discrimination against People with AIDS: The People's Perspectives," New England Journal of Medicine 319 (1988): 1022-1026.

15. Robert J. Blendon and Karen Donelan, "AIDS, the Public, and the 'NIMBY' Syndrome," in Public and Professional Attitudes toward AIDS Patients , ed. David E. Rogers and Eli Ginzberg (Boulder, Colo.: Westview Press, 1989), 19-30.

16. Theodore Feldman, Roger A. Bell, Judith J. Stephenson, and Frances E. Purifoy, "Attitudes of Medical School Faculty and Students toward Acquired Immunodeficiency Syndrome" (pp. 464-466); see also Charles J. Currey, Michael Johnson, and Barbara Ogden, "Willingness of Health Professions Students to Treat Patients with AIDS" (pp. 472-474); Thomas J. Ficarrotto, Margaret Grade, Nancy Bliwise, and Thomas Irish, "Predictors of Medical and Nursing Students' Levels of HIV-AIDS Knowledge and Their Resistance to Working with AIDS Patients" (pp. 470-471); all in Academic Medicine 65 (1990). On the choice of specialties, see Molly Cooke and Merle Sande, "The HIV Epidemic and Training in Internal Medicine," New England Journal of Medicine 321 (1990): 1334-1338.

17. Bruce Lambert, "AIDS War Shunned by Many Doctors," New York Times , 16 July 1990, p. A1.

18. Charles Perrow and Mauro F. Guillén, The AIDS Disaster (New Haven: Yale University Press, 1990), 166-169.

19. J. Ruedy, M. Schecter, and J. S. G. Montaner, "Zidovudine for Early Human Immunodeficiency Virus (HIV) Infection: Who, When, and How?" Annals of Internal Medicine 112 (1990): 1000-1002.

20. Larry Kramer, "A 'Manhattan Project' for AIDS," New York Times , 16 July 1990, p. A15.

21. Perrow and Guillén, The AIDS Disaster , 16 ff.

22. The Presidential Commission Report on the Human Immunodeficiency Virus Epidemic (Washington, D.C., 1988); Institute of Medicine, Confronting AIDS: Update 1988 (Washington, D.C.: National Academy Press, 1988).

23. See John K. Iglehart, "Funding the End-stage Renal Disease Program," New England Journal of Medicine 306 (1982): 492-496. See also James E. Chapman, Ronald A. Sinicrope, and Douglas M. Clark, "Angio and Peritoneal Access for Endstage Renal Disease in the Community Hospital: A Cost Analysis," American Surgeon 52 (1986): 315-329.

24. See Richard D. Mohr, Gays/Justice: A Study in Ethics, Society, and Law (New York: Columbia University Press, 1988).

25. See Patricia Illingworth, AIDS and the Good Society (New York: Routledge, 1990).

26. Robert M. Veatch, "Voluntary Risks to Health: The Ethical Issues," Journal of the American Medical Association 243 (1980): 50-55.

27. Global Commission for the Certification of Smallpox Eradication, The Global Eradication of Smallpox: Final Report of the Global Commission for the Certification of Smallpox Eradication (Geneva: W.H.O., 1980).

28. C. T. Gregg, Plague! (New York: Scribners, 1978).

29. Herbert R. Spiers, "AIDS and Civil Disobedience," Hastings Center Report 19 (1989): 34-35.

30. Alvin Novick, "Civil Disobedience in Time of AIDS," Hastings Center Report 19 (1989): 35-36.

31. See Ronald Bayer, Private Acts, Social Consequences: AIDS and the Politics of Public Health (New York: Free Press, 1989), 3-4.

32. See Albert R. Jonsen, The New Medicine and the Old Ethics (Cambridge: Harvard University Press, 1990), 18, 46-47.

33. See Murphy, "Is AIDS a Just Punishment?"

34. Jonsen, New Medicine and the Old Ethics , passim.

35. Jonsen, New Medicine and the Old Ethics , 44.

36. Jonsen, New Medicine and the Old Ethics , 45 ff.

37. Jonsen, New Medicine and the Old Ethics , 48.

38. John Rawls, A Theory of Justice (Cambridge: Harvard University Press, 1971).

39. I owe this latter observation to Loretta M. Kopelman. See "The Punishment Concept of Disease," in AIDS: Ethics and Public Policy , ed. Christine Pierce and Donald VanDeVeer (Belmont, Calif.: Wadsworth), 49-55, and "Why Blaming the Sick Is Bad Medicine," Medical Ethics for the Physician 4 (1989): 5, 11.

Afterword

1. "Pneumocystis Pneumonia—Los Angeles," Morbidity and Mortality Weekly Report 30 (1981): 250-252, and "Kaposi's Sarcoma and Pneumocystis Pneumonia among Homosexual Men—New York City and California," Morbidity and Mortality Weekly Report 30 (1981): 305-308.
2. Douglas Crimp, "AIDS: Cultural Analysis/Cultural Activism," in AIDS: Cultural Analysis, Cultural Activism , ed. Douglas Crimp (Cambridge: MIT Press, 1988), 7.
3. For example, see Miriam Cameron, Living with AIDS: Experience of Ethical Problems (Newbury Park, Calif.: Sage, 1993).
4. Peter Adair, Janet Cole, and Veronica Selver, "Absolutely Positive" [film], 1991. Emphasis added.
5. See Suzanne Poirier, Chicago's War on Syphilis, 1937-1940 (Urbana-Champaign: University of Illinois Press, forthcoming).
6. It is interesting to note that while biomedicine puts an end to certain moral disputes about meaning of disease, it also opens the opportunities for new ones. Medical control over syphilis diminished the way in which that disease was found suitable as an occasion for moral analysis, but biomedicine also demarcated new areas in which people might be found morally accountable for their illnesses. In identifying causal and merely statistical relationships between ill health and smoking, nutrition, alcohol use, exercise, and even medical examinations, biomedicine opens new possibilities in which people may be found culpable for "self-incurred" illness. Identification of the routes of HIV infection, for example, has been used to blame the infected for failing to protect themselves, as if mere cognitive knowledge about infection were a sufficient condition enabling protection from all risk across the variety of human lives.
7. Albert Camus, The Plague (New York: Vintage, 1972), 286-287.

213

Notes
 

Preferred Citation: Murphy, Timothy F. Ethics in an Epidemic: AIDS, Morality, and Culture. Berkeley:  University of California Press,  c1994 1994. http://ark.cdlib.org/ark:/13030/ft8q2nb67r/