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AIDS Law Project

The AIDS Law Project works to protect the rights of people living with and affected by HIV and AIDS.

AIDS Law Project

Although the face of the HIV/AIDS epidemic has changed dramatically since GLAD founded its AIDS Law Project in 1984, the need for strong legal protections is as critical as ever.

People with HIV continue to face severe discrimination in employment, housing and other areas. They may be denied health care based on irrational fears of HIV transmission, or have their HIV status disclosed illegally. And new problems are emerging. People with HIV are now living long enough to be refused appropriate care for unrelated medical needs, such as organ transplants, based on their HIV status. Individuals who return to work after long stretches away from the job market face tough questions and suspicion. Others are not able to go back to work due to severe fatigue or illness caused by HIV medications, yet disability insurance providers attempt to strip them of coverage because they appear clinically stable.

Today, HIV infection is on the rise again after many years of decrease, with major disparities based on race or ethnicity, gender, and sexual orientation. We are all being hit hard. While blacks and Hispanics make up only 12% of the population, they account for half of all HIV/AIDS cases; Male-to-male sexual contact accounts for more than half of the cases recently diagnosed among men, and gay youth under the age of 22 are among the most at risk; women’s infection rates are soaring, with 59% being infected through heterosexual sex; and injection drug use leads to 30% of all infections.

Strong legal protections for people living with HIV are essential prerequisites to effective risk-reduction and prevention strategies. By fighting discrimination based on HIV status, protecting people’s privacy, and improving access to information about HIV-related legal issues, GLAD’s AIDS Law Project continues to help turn the tide and strengthen the health of our communities.

Bennett Klein, Esq.

Ben Klein is a Senior Attorney and has been the AIDS Law Project Director at Gay & Lesbian Advocates & Defenders (GLAD) since 1994. Ben has litigated cases in state and federal trial and appellate courts establishing legal protections for lesbian, gay, bisexual and transgender people and people living with HIV. He was counsel in Kerrigan & Mock v. Department of Public Health, GLAD’s 2008 victory in the Connecticut Supreme Court ruling that the exclusion of same-sex couples from marriage is unconstitutional.

Ben was lead counsel in Bragdon v. Abbott, the first HIV discrimination case to be heard by the United States Supreme Court. The case involved a Bangor, Maine dentist who had a written policy of refusing to treat any patient who had tested positive for HIV. The U.S. Supreme Court's decision in 1998 established nationwide protection against discrimination under the Americans with Disabilities Act for all people with HIV. Ben also won a decision before the Massachusetts Division of Medical Assistance Board of Appeals in 2001 ensuring equal access to liver transplants for HIV-positive individuals under the Commonwealth's MassHealth program.

He is a 1982 graduate of Oberlin College and a 1987 graduate of Boston University School of Law. Prior to joining GLAD, Ben was a litigation associate at the Boston law firms of Kotin, Crabtree & Strong (1990 - 1994) and Gaston & Snow (1987 - 1990). He has been involved in several Boston-area community organizations, including as a “buddy” for the AIDS Action Committee of Massachusetts, a Board member of the Massachusetts Lesbian and Gay Bar Association and a founding member of the Boston Alliance of Gay and Lesbian Youth (BAGLY).

Read more about the 2008 Connecticut marriage equality victory

Read about Ben Klein's U.S. Supreme Court Win in The New York Times, June, 1998

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