Bragdon v. Abbott: Disability, Feminist, and Queer Activist Expansion of Anti-Discrimination Protections Through the Courts
Taylor, Madison
Taylor, Madison
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Abstract
This work investigates the Supreme Court Case, Bragdon v. Abbott (1998), which found asymptomatic-HIV is a protected disability under the American with Disabilities Act of 1990. The case began in Bangor, Maine, in 1994 when dentist, Randon Bragdon refused to serve Sidney Abbott due to her HIV-positive status. Abbott sued, claiming Bragdon discriminated based on her disability, arguing HIV was a disability under the ADA as it impaired the �major life function� of reproduction and her ability to become a mother. Through an examination of the pre-history of the case and the court proceedings, I argue that Bragdon was the culmination of queer, feminist and disability activism. This activism utilized the courts to expand the developing law and social understanding of disability to secure anti-discrimination protections in areas such as healthcare, housing, and employment. This use of the courts as a resource to address needs is demonstrated through an analysis of Maine�s advocacy groups during the AIDS crisis and their shifting towards litigation as a tool to meet needs. The proceedings of Bragdon are an example of this process. This paper is informed by American legal history, scholarship on civil rights movements, and social movements, as well as work related to HIV/AIDS. Additionally, this historical analysis adds to a body of work that points to the existence of queer community and progressive activism in rural America, challenging the presumption that rural life is void of queer visibility and involves isolation from broader national and international trends.
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1/1/2026
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Graduate Student
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Oral Presentation
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MA History
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College of Arts and Sciences
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Arts and Humanities (LGBTQ)