Timeline is a regular feature in each issue looking back to events and milestones that have helped us evolve into the community we are today.

Early August, 1988

AIDS Hysteria Plays Role In Father’s Lost Visitation Privileges

National Gay Rights Advocates (NGRA) played an instrumental role in helping a gay father get back visitation rights with his four children. Leslie Roe, who admitted that he was a homosexual, had previously been denied visitation rights because of his ex-wife’s fear of AIDS.

Although Roe had shown no signs of having the virus, he had not taken the HIV antibody test. Judge Richard Kelly had ruled on April 14, 1988 that Leslie, because he had failed to take the test, could not visit with his children. Through vigorous representation by NGRA, the children’s mother eventually agreed to withdraw her demand and allow Roe normal visitation privileges.

“While we are pleased with our success in this case, we remain outraged that the courts granted legal legitimacy to AIDS hysteria in the first place,” commented Benjamin Schatz, Director of NGRA’s AIDS Civil Rights Project. “To separate gay fathers from their children because of stereotypes and medical misinformation hurts the father and child alike, while helping no one.” According to NGRA Executive Director Jean O’Leary, the organization is determined to play a major role in ending AIDS-related discrimination.

With the assistance of legal representation and medical experts, Roe was able to prove that he posed no threat to his children.

“In light of the overwhelming evidence in our favor, the children’s mother had no choice but to back down,” NGRA cooperating attorney Michael Closen said.

The Roe v. Roe case was the second AIDS-related child visitation case that was successful fought by NGRA. In another case, Doe v. Doe, the NGRA convinced a woman to drop her demands that her ex-husband, a gay man, take an HIV antibody test as a prerequisite for overnight visitation with his children.