Module 12 Reading: Rethinking the Straight State: Welfare, Health Care, and Public Policy in the AIDS Era of AIDS
The Rise of Gay Health Advocacy and the Social Safety Net in the 1970s
- In 1975, the Society for Individual Rights (a San Francisco-based gay-rights organization active since the mid-1960s) published a "survival manual" via its magazine, Vector.
- The manual framed San Francisco as a "Mecca" and provided newly arrived gay residents with guidance on:
- Housing, food, and clothing.
- Legal, medical, and dental referrals.
- Guidance on obtaining "General Assistance."
- Social services and gay-friendly businesses.
- Specific medical aid listings included:
- St. Mary’s Hospital Clinic: Featured fees on a sliding scale to assist individuals in qualifying for Medi-Cal.
- City Venereal Disease Clinic: Described as a walk-in facility without age or residency requirements.
- The manual detailed applications for Supplementary Security Income (SSI) for the disabled and food stamps.
- This integration of gay liberation and welfare was not coincidental; as gay men and women came "out of the closet," they required access to sexual health clinics, women's clinics, and private health coverage protected by emerging antidiscrimination laws.
- National gay health advocacy grew in the wake of the rights revolution:
- In 1978, the National Gay Health Coalition held the first national gay health conference.
- Organizations like Bay Area Physicians for Human Rights (BAPHR) began offering specialized services.
- The American Psychiatric Association (APA) declared in 1973 that "homosexuality per se does not constitute any form of mental disorder," removing a psychological barrier to what Margot Canaday terms "social citizenship."
The Impact of the AIDS Crisis on Welfare Politics
- In the 1980s, the emergence of autoimmune deficiency syndromes necessitated access to the U.S. social safety net.
- Statistical Early Data: In mid-1982, a National Cancer Institute doctor reported on 300 cases:
- 290 were men; 242 of those were homosexual or bisexual.
- The predicted mortality rate was 70%−80%.
- In 1983, the Social Security Administration (SSA) recognized AIDS as a disability, making afflicted individuals unable to work and eligible for benefits.
- This recognition signaled a shift in the "straight state" despite the conservative political climate of the "age of Reagan."
- Hierarchy of Entitlement: The SSA created a hierarchy that initially privileged vocal activist networks (primarily white gay men) who could shape policy discourse.
- As the epidemic widened to include populations defined by poverty and social exclusion, the SSA became less willing to expand the definition of disability to avoid a significant expansion of welfare rolls.
Structural Barriers and Differences in Social Insurance
- There were two primary federal routes for health care for the disabled:
- Social Security Disability Insurance (SSDI): Required years of Social Security tax contributions. Benefits began 5months after diagnosis, with an additional 24month wait for Medicare coverage. Most AIDS patients in the 1980s died before qualifying for this.
- Supplementary Security Income (SSI): A federal program created in the early 1970s from "Aid to the Permanently and Totally Disabled" and "Old Age Assistance." It provided immediate access to Medicaid and was the primary route for those without private insurance.
- The Social Security amendments of 1972 federalized SSI. By the late 1970s, it was increasingly a disability benefit rather than a program for the elderly.
- Despite the Reagan administration's attempts to purge benefit rolls, the number of disabled SSI recipients increased by an average of 3% annually during the 1980s.
Bureaucratic Logic and Initial Definitions of AIDS
- The SSA adopted the Centers for Disease Control (CDC) definition of AIDS, focusing on opportunistic infections like Kaposi’s sarcoma and Pneumocystis carinii pneumonia (PCP).
- The SSA definition for disability required an impairment expected to result in death or last for no less than 12months.
- Presumptive Disability (PD): In theory, AIDS allowed for a "presumptive diagnosis," paying benefits before full documentation. In practice, implementation varied:
- Manhattan: Local offices were more liberal due to strong gay-rights lobbying.
- Georgia: One case involved a man nearly blind from cytomegalovirus and herpes simplex who was declared "fit to work" after a functional test requiring him to lift 10pounds.
- Advocacy organizations became conduits for federal bureaucracy:
- Shanti San Francisco provided Medi-Cal case workers.
- Gay Men’s Health Crisis (GMHC) in New York set up offices to process disability claims and used a "buddy system" to help PWAs (People with AIDS) complete forms.
- Activists lobbied for those with ARC—debilitating conditions not yet meeting the strict CDC AIDS definition.
- National Gay Task Force (NGTF) meetings with the SSA in May 1984 emphasized how delays in SSI caused Medicaid to be withheld, increasing psychological stress and hastening physical decline.
- BAPHR Medical Definition: In late 1985, BAPHR proposed a definition for ARC based on clinical findings (lymphadenopathy, oral thrush, hairy leucoplakia) and immunologic criteria (T-cell counts and HTLV-III antibodies).
- Dorcas Hardy: Commissioned as the head of Social Security in 1986, she resisted expansion, stating "I am NOT the welfare queen." She insisted that ARC sufferers provide detailed functional limitations of daily activities.
- Expansion occurred in July 1987 after pressure from figures like Nancy Pelosi, Barbara Boxer, and Daniel Patrick Moynihan. SSA expanded the definition to include emaciation (wasting syndrome) and dementia.
- The Harvey Milk Democratic Club exposed a supposed "monthly quota" of approved cases at the SSA, after which all others were forced into lengthy appeals.
Intersectionality: Race, Gender, and Poverty in HIV Advocacy
- By 1987, an estimated 1×106 to 1.5×106 Americans were HIV-positive.
- New York City data (February 1987):
- 36% of the caseload were IV-drug users (up from 22% in 1981).
- Black and Latino populations represented 25% and 14% of cases respectively, though they comprised only 19% of the total U.S. population.
- Invisibility of Populations: Conditions like Tuberculosis (TB), bacterial pneumonia, and endocarditis were not in the CDC definition despite their prevalence in poor communities of color (e.g., Belle Glade, Florida).
- Women and AIDS:
- In 1989, Broward County, Florida, saw women comprise 17% of cases. By April 1990, the rate was 10 new cases per month.
- Women were often misdiagnosed as doctors viewed symptoms as "normal female problems" or psychosomatic.
- Clinical trials largely excluded women.
- The ACT UP Women’s Caucus (including activists like Maxine Wolfe and lawyer Terry McGovern) fought the exclusion of vaginal yeast infections, cervical cancer, and pelvic inflammatory disease from disability definitions.
The 1990s Transition to Functional Testing and T-Cell Counts
- In December 1990, the NIH organized a conference on women and AIDS, which saw protests against Anthony Fauci and James Curran for ignoring female-specific treatment agendas.
- In November 1991, the CDC agreed to include a T-cell count under 200 as a definition of AIDS, and the SSA followed in December 1991.
- Functional Tests: The SSA introduced a two-pronged test requiring physicians to assess "functional limitations" and requiring claimants to show "recurring" or "not responding" illnesses.
- Gregory Kaladjian (New York Department of Social Services) criticized the new SSA rules as an "onerous, if not impossible" task for poor people relying on overburdened public clinics.
- William Foreman (National Association of People with AIDS) testified in April 1992 that the shift from "middle-class gay white males" to a "poor minority inner-city population" led the government to ramp up policing of the "welfare class."
Conclusion: Recasting the "Straight State"
- The AIDS crisis forced a move away from a "straight state" toward a system that integrated sexual minorities into categories of the "deserving."
- However, this was replaced by a more aggressive determination to limit universal claims to public funds through bureaucratic policing and categorical assistance.
- The struggle highlighted that the American state is never "weak" or passive; it makes active decisions to grant or deny citizenship and support through the categorization of disease.