Abdul El-Sayed, the Democratic nominee for Michigan’s U.S. Senate seat, is reaffirming his support for the repeal of a state law that criminalized sexual activity without disclosing HIV status. El-Sayed, an epidemiologist and former Wayne County health director, has stood by comments he made during his 2018 gubernatorial campaign, where he argued against criminalizing the disease. The law in question, enacted in 1988, carried a potential prison sentence of up to four years for individuals aware of their HIV-positive status who engaged in sexual penetration without informing their partner.
What the Left Is Saying
El-Sayed and his campaign maintain that the original law was discriminatory and harmful to public health efforts. During his 2018 run, El-Sayed stated, "You should not be criminalized for a disease. That is absolutely wrong. It’s hateful. It’s discriminatory, and we can, as a state, do better. You can count on me for that."
His campaign website at the time listed "Repeal HIV/AIDS criminalization laws" as a key policy goal. When questioned about decriminalization measures, El-Sayed argued that "no disease can be illegal" and that maintaining such laws stigmatized those living with HIV. Campaign spokesperson Roxie Richner noted that El-Sayed supports the bipartisan reform passed in 2019, which was enacted under a Republican-led legislature and signed by then-Governor Gretchen Whitmer.
Richner stated, "Abdul supports the bipartisan reform bill that passed in 2019 through a Republican legislature that eliminated the discriminatory laws on the books." She added that El-Sayed, as a public health professional, has advocated for programs to stem the spread of diseases, including HIV, and criticized the current Trump administration for defunding frontline care organizations.
El-Sayed, who recently received an endorsement from the Human Rights Campaign, emphasized that if elected, he would fight to ensure Michiganders can "live without discrimination." His campaign frames the issue as part of a broader effort to protect civil rights and public health infrastructure against federal dismantling efforts.
What the Right Is Saying
The original law, which dated back to 1988, was designed to hold individuals accountable for knowingly exposing partners to HIV. While the specific Republican reaction to El-Sayed’s current reaffirmation of his 2018 stance is not detailed in the source, the political context highlights a competitive Senate race where El-Sayed faces former Republican Rep. Mike Rogers.
Rogers and Republican strategists are likely to view El-Sayed’s past calls for repeal as part of a progressive policy platform that contrasts with traditional conservative views on personal responsibility and legal accountability. The law was originally supported by lawmakers who argued that nondisclosure constituted a reckless endangerment of public health.
The reform in 2019, which El-Sayed’s campaign cites as evidence of bipartisan consensus, was passed under a Republican legislature. However, critics of such reforms have historically argued that removing criminal penalties could reduce the incentive for testing and disclosure, a concern that remains part of the broader national debate on HIV policy.
Republicans in the Senate race are positioning themselves as defenders of traditional legal frameworks and fiscal responsibility, contrasting with El-Sayed’s proposals for expanded social programs and civil rights protections. The race is viewed as critical for Democrats attempting to regain control of the Senate from the GOP.
What the Numbers Show
The Michigan law in question was enacted in 1988 and carried a maximum penalty of four years in prison for felony offenses related to nondisclosure. The statute was reformed in early 2019, a move supported by both Democratic Governor Gretchen Whitmer and the Republican-controlled legislature.
The 2019 reforms limited felony provisions to cases involving vaginal or anal intercourse with an intent to transmit HIV or where transmission actually occurred. Other non-transmission offenses were reduced to misdemeanors. The revised law also protected individuals who were medically suppressed from prosecution under the reckless-disregard provision.
Governor Whitmer, who signed the reform into law, had stated during her own 2018 campaign, "It’s wrong to criminalize sickness, which is what this law has effectively done. It absolutely should be revisited."
El-Sayed narrowly defeated Democratic Rep. Haley Stevens in the August primary, a contest that highlighted divisions between the party’s progressive and establishment wings. If elected, El-Sayed would become the first Muslim U.S. senator. His campaign has also made "Medicare for all" and the abolition of Immigration and Customs Enforcement central planks.
The Bottom Line
The resurgence of this issue underscores how historical policy positions are being scrutinized in the high-stakes Michigan Senate race. El-Sayed’s reaffirmation of his stance against HIV criminalization aligns with his broader public health and civil rights platform, contrasting with the traditional legal frameworks favored by many conservatives.
The 2019 reform of the law represents a bipartisan achievement, with both major parties in Michigan supporting the changes at the time. El-Sayed’s campaign is leveraging this history to argue that his position is mainstream and supported by public health experts, while his opponents may seek to highlight the evolution of his views or the broader implications of his progressive agenda.
As the election approaches, voters will weigh El-Sayed’s epidemiological background and policy proposals against those of his Republican opponent, Mike Rogers. The outcome could determine control of the U.S. Senate and influence national debates on public health, criminal justice, and civil rights.