SECOND:
HIPAA:
Not to muddle the topic here, but Fionna64 in post #18 references the violation of HIPAA if the Church commented about HIV+ members.

Having dealt extensively with the legalities of HIPAA Issues, I would be inclined to disagree.

HIPAA applies only to “qualified organizations” and “qualified information”. In most cases, religious organizations including the LDS Church would not be bound by HIPAA. (LDS Social Services of course would be bound, though most activities within the Church are not bound by HIPAA).

HOWEVER, the church could be held liable for damages (current and projected future) that a member or non-member affiliate may incur or suffer as a result of the Church releasing “personal information”.
Libel, Slander, and other damages claims would likley be a greater risk then HIPAA!

If HIPAA attaches to medical information the church obtains through normal regular activities, then HIPAA also attaches to the members names themselves.
A Doctor can not distribute a list of his clients…. Similarly, if HIPAA applies to the church, the Ward and Stake lists and directories would be a direct and serious violation of HIPAA.
Additionally, home teachers and visiting teaches who learn of medical issues while visiting thier familiess, under HIPAA could NOT report that information to anyone else including quorum or ward leaders.

–So lets be careful before blaming HIPAA, HIPAA can not be applied half-way … it either applies 100% or it doesn’t and if it does apply the church and it’s members have been in serious violation since day one!

Again, in most cases, HIPAA would not attach to such information the Church may have; however, there would be other privacy and liability issues.

PRIVACY OF MEMBER INFORMATION:
Back to the Church Handbook of Instruction …. ALL information obtained through the functions and activities of the Church (including member names and contact info) is deemed to strictly confidential and can be used only for APPROVED purposes.
Commenting about a specific member might well violate Church Policy and thereby open the Church up to serious legal suits.

I know potential missionaries have to fill out mounds of paperwork prior to receiving a mission call, and I’m sure the paperwork asks about health history. Since being HIV+ (among other health-related matters) is going to prevent a person from serving a mission, that question about HIV status must be on the form. I suppose anyone filling out the paperwork to serve a mission could decline to provide general health history information, but I’m guessing that would affect such person’s ability to be called as a full-time proselyting missionary.

But, as a matter of general, every-week-in-the-pews attendance and service, it’s not something leaders ask about when you move into a ward, in my experience. Heck, they don’t even run background checks on people called to serve as youth leaders, so any knowledge about health histories is probably always going to have to be the kind someone volunteers herself/himself. (Or the kind of knowledge the ward gossips get up in arms about.)

“Members who are infected with HIV or who have AIDS should be treated with dignity and compassion. If infection has resulted from transgression of God’s laws, the Church advocates the example of the Lord, who condemned the sin yet loved the sinner and encouraged repentance. Members should reach out with kindness and comfort to the afflictied, ministering to their needs and helping them find solutions to their problems.

“Although HIV and AIDS can afflict innocent victims, the principal safeguards are chastity before marriage, total fidelity in marriage, abstinence from any homosexual relations, avoidance of illegeal drugs, and reverence and care fore the body.

“Attendance of people with HIV infection or AIDS at Church meetings does not pose a serious health problem. Public health authorities affirm that HIV has not been transmitted through casual contact in homes, schools, churches or places of work.

“Those who occasionally may need to clean up blood or render first aid should learn and follow the recommendations of the local health department.

“For information about performing ordinances for people who are infected with HIV or who have AIDS, see page 34. (p. 184)”

“Persons with HIV infection or AIDS are treated as anyone else who expresses faith in God, repents, requests baptism and is living the gospel of Jesus Christ.” (p. 34)

Members who are HIV positive are not eligible to serve full-time missions (p. 92)

My heart goes out to you. I am so sorry that the church continues to wound you and your loved one.

The church cannot make a statement about fellowship and worship with people who are HIV+; to make decisions based on someone’s health status and publish a statement about it would violate numerous federal laws (including HIPAA). Should someone ever inform you that the church says you are not welcome due to your illness, I would just suggest that you refer them to the numerous scriptures in which Rabbi Yeshua ben Joseph heals the sick and fellowships with them.

My thoughts are with you.

I just wanted to post something that might bee a little shocking.

I am an LDS living in Monterrey, Mexico. I was raised LDS since birth, received the blessings of the gospel all my life, It was in the LDS School in Mexico City where I found out I had same gender attracction. I never really payed attention to it. Went on a Mission and returned hounorably.

It wasn’t long after where I found my self involved in “love” with someone of my same gender.

I went through disciplinary council, got suspended. Left my “partner” because I wanted to do the RIGHT thing. But people really did not understand why I was doing this.

I became active in the church after a while. Since I was living alone, I fought as every body with these sentiments. It was to hard. I’ve now have a discrete relationship that has gone on for the last 10 years. He is LDS as well. We attend to different wards although we have live together for that time.

My mother is so strong in the church as well as my dad. He has stopped telling me about marriage. She hasn’t.

Now the worst part of it. We found out that we both are HIV possitive, since 2003. We have fought our fight dealing with discrimination, medicine and hiding this from our leaders and family. Thank goodnes that we are doing fine, not ill at the moment (for the last 4 years).

I know that the church is true, its leaders although human make mistakes, don’t positive people deserve some compasion from their fellow members? I know I deserve it because not taking necessary precautions.

He (my partner) does not have access to propper medical services, and there is no way he would get the same quality of services that I can just because we are not “Married” .

I know I will be held accountable before God of my doings.

My partner has asked me to go an marry to a state where it is posible to do it, but I always reply to him 2 things. 1.- What it is really good about getting married, although either of us could benefit from it (not adopt, Health services, etc.) and 2.- I do not wan to sin more. It is enough for me to know that I am accountable of my desicions taken on earth, what would I tell our Father in Heaven?

Married or not I love my partner we have been through so much pain already. We would’ve like some one visiting us while sick. There is no site or church statemen on fellowshiping LDS people (Heterosexual or not) that are HIV +

I belive, it is one of those things where God leave us with our free will and do good to anyone.

I found a great support group where people is not LDS, giving fellow ship on medical treatment. They make sure on our t cell count, and viral load. They ask us to go to camping, getting educated on our disease, etc. But they are not LDS people. They meet on sundays for recreation purposes (Swiming, lunch, etc.) but not share our believes.

We worship every sunday. I personally do not partake of the sacrament. I have not renewed my temple recomend. Although I could go and lie to the Bishop. But I try to held to my convenants. I pay my thithings, My parents belive that I do not have a temple recomend because I do not pay my thithes (because that’s what I have told them) The only thing I belive I sin is my love for some one of the same gender.

This is just a Thoght. Keep up the good work. but over all “Love thy neigbour…”

Change is going to happen and it is inevitable. People just need to be educated rather than opinionated, that will take time but it’s a no-brainer that love, justice and equality will win out.

I am gay myself, and I used this website as a reference for my parents when I came out to them because I loved the information provided and I felt it would connect to them from another perspective. Also because I was just too nervous to talk to them about it. I want everyone here to know that the work they put into this is so appreciated, it is people like *you guys* that will create and change hearts and minds on this issue. It is people like *you guys* that really are the grassroots fighters for love, and I am so very appreciative of the work people have done here.

Another quote from the same minister, which he took from a lesbian couple he married:

“No civil rights movement has ever lost – Never!
It is not about IF equal rights for gays will prevail
It’s a matter of WHEN.

The same minister quoted Arthur Schopenhauer:

All truth goes through 3 stages:
1. Ridicule
2. Violent opposition
3. Self evident

Right now we are in stage two. Stage three is on its way just as civil rights for blacks, equal rights for women, and the acceptance of interracial marriage. One day we will look back and wonder - why were we so afraid of gay marriage?

Evidently polygamy isn’t all that important to God in the eternal scheme of things so there haven’t been huge groups of people advocating for the right to practice it. On the other hand, gay people have been around forever fighting for their rights and they simply want to be seen as equal in society. They don’t want extra wives or husbands, they simply want a spouse to share their life with. This isn’t a whim or a fad that will pass if enough people tell them they are wrong. It’s a character trait posessed by a small segment of our population, and slowly but surely the arc of justice is bending in their favor. It’s only a matter of time.

I guess I’m not understanding your question. The Church of LDS only stopped the practice of polygamy when Utah was denied statehood because of it. I realize that the FLDS is not part of the “official” church anymore, but they still practice polygamy.

“The people” should not be permitted to remove civil rights from those who have them. Marriage (not polygynous or polyandrous marriage) has been determined a “basic civil right” by the US Supreme Court in Loving v. Virginia.

Now, you may believe that being gay or lesbian is a choice; anecdotal and scientific evidence says otherwise … but do bear with me here. One’s sexual orientation is an inherent part of one’s self. Religious faith *is* a choice … and yet is protected by the Constitution as an inherent part of one’s self.

Proposition 8 sets an alarmingly bad precedent for *everyone,* gay or straight. Perhaps the next right to be put on the ballot for an angry majority to consider is your right to worship as you choose? Would that be okay? After all, the legal precedent is now here to strip any given group of their rights to do any given thing.

I am amazed that the people who were so vocal in their support of this inherently bigoted proposition could not see the true ramifications of it: *everyone’s* rights are now in danger.