Constitutional Ramifications of a Universal, Mandatory Testing Program for the Acquired Immunodeficiency Syndrome, The

Abstract

INTRODUCTION|When dealing with fundamental rights, rights which include privacy interests, legislation allegedly infringing upon such rights will only be upheld if it can withstand a strict scrutiny analysis. A universal, mandatory testing program for the Acquired Immunodeficiency Syndrome ("AIDS") will potentially infringe upon privacy interests so such a program should, therefore, be analyzed under a strict scrutiny analysis. This article will undertake such an analysis. In so doing this article will consider the medical aspects of AIDS and AIDS testing, as well as suggest constitutionally permissible methods of controlling the spread of the disease. Although not specifically addressed in this article, a strict scrutiny analysis should also be applied to smaller scaled AIDS testing programs utilized for specific purposes. Examples include those programs designed for determining an individual's eligibility for employment or for testing marriage license applicants. A constitutional analysis determining the legality of a universal, mandatory testing program for AIDS involves a balancing approach between the interest of the individual to be tested and society's interest in being free from infectious disease. This type of problem is especially difficult to solve because both sides concerned possess significant interests. On the one side, society is concerned that AIDS will continue to spread, due to the fact that no chemotherapeutic agent or vaccine has been discovered that prevents infection, reduces infectiousness, or annihilates the virus causing AIDS. On the other side, the individual to be tested is concerned about the invasion of privacy, the potential for discrimination, and the possible constraint on sexual activity and procreation...