In a poignant session of the Maryland Judiciary Committee on January 28, 2025, advocates gathered to honor the legacy of Carlton R. Smith, a dedicated champion for the rights of people living with HIV, who passed away in May 2024. The committee discussed House Bill 39, now renamed the Carlton R. Smith Act, aimed at repealing outdated laws that criminalize the transfer of HIV. This bill seeks to align Maryland's legal framework with modern medical understanding and to combat the stigma surrounding the virus.

Melanie Reese, a member of the Maryland Coalition to Decriminalize HIV, passionately argued against the current law, which imposes criminal penalties specifically for HIV, stating that it perpetuates stigma and discourages individuals from getting tested. She emphasized that the law disproportionately affects marginalized communities, particularly Black and LGBTQ individuals, and does not contribute to reducing transmission rates.

Ronnie Taylor, community advocacy manager at Free State Justice, echoed these sentiments, highlighting Smith's tireless advocacy for the HIV community. He noted that Smith's fight for decriminalization was one of his final efforts, urging the committee to continue his legacy by passing the bill. Taylor described the law as a barrier to testing and treatment, reinforcing the need for reform in light of significant advancements in HIV treatment that render the virus untransmittable for those on effective therapy.

Mickey Deheer, chair of the Health and Wellness Committee of the Maryland Commission on LGBTQI+ Affairs, added that the current law is rooted in misinformation from the 1980s and fails to reflect the realities of modern science. He called for the repeal of the law, stating that it harms public health and perpetuates discrimination.

The committee also addressed previous hesitations from law enforcement regarding the bill, noting that communication with advocacy groups has improved, leading to a more favorable stance this year. Despite some concerns about amendments proposed by law enforcement, advocates urged the committee to focus on the core issue of decriminalization without unnecessary additions.

As the session concluded, the committee members were left to consider the implications of the bill, not just for public health policy but for the dignity and rights of individuals living with HIV in Maryland. The discussions underscored a collective commitment to honor Carlton R. Smith's legacy by advancing justice and equity for all Marylanders.