Connect with us

News

Minnesota Supreme Court won’t prosecute HIV-positive gay man

Respondent prosecuted after infecting partner through consensual unprotected sex

Published

on

The Minnesota Supreme Court a ruled a gay HIV-positive man didn't violate the law by infecting his partner through consensual sex.

The Minnesota Supreme Court a ruled a gay HIV-positive man didn’t violate the law by infecting his partner through consensual sex.

The Minnesota Supreme Court ruled on Wednesday that an HIV-positive gay man didn’t violate a state law prohibiting the transfer of communicable diseases by engaging in consensual unprotected sex with his partner.

In a 16-page decision, the court determined in the case of State of Minnesota v. Rick that Daniel James Rick didn’t commit a felony under Minnesota’s “knowing transfer of a communicable disease” statute by having unprotected sex with a partner after declaring his HIV status.

The court affirmed that the law applies to donation or exchange for value of blood, sperm, organs or tissue, but given Rick’s conduct, there is “insufficient evidence to support respondent’s conviction.”

Christopher Clark, senior staff attorney for Lambda Legal, commended the Minnesota high court for reaching the decision. His organization filed a friend-of-the-court brief along with the American Civil Liberties Union and ACLU Minnesota on behalf of Rick.

“We’re relieved that the Minnesota Supreme Court has ruled in favor of liberty and justice, rejecting the government’s misapplication of its communicable disease law to the facts of this case,” Clark said. “The State should not dictate with whom and how people choose to engage in intimate sexual relations.”

In May 2009, Rick had a sexual relationship with another man of unknown HIV status, identified as D.B. in the court decision, after meeting through a “social website.” They mutually agreed to not use condoms while having sex, although Rick said he disclosed that he was HIV-positive. According to the court decision, Rick either ejaculated inside D.B.’s rectum or outside of and onto D.B.’s body. In October 2009, D.B. tested positive for HIV. The next month, D.B. and Rick had their final sexual encounter in which they engaged in consensual anal intercourse and ejaculated inside each other.

But after the relationship ended, D.B. sought prosecution of Rick under Minnesota’s “knowing transfer of a communicable disease” statute. The state of Minnesota charged Rick with attempted first-degree assault with great bodily harm, which is punishable by up to 20 years in prison. In addition to charging Rick under the provison of that law governing sexual penetration, Minnesota also pursued a conviction under the subdivision governing the medical transfer of blood, sperm, organs, or tissue, which does not contain the verbal disclosure exception.

A jury found Rick not guilty with regard to for sexual penetration, rejecting evidence that Rick didn’t disclose his HIV status. Still, the jury found him guilty under the law designed in the context of medical donations. The jury imposed upon him a sentence of 49 months in prison, but stayed execution of the sentence for five years.

In September, the Minnesota Court of Appeals reversed the conviction. And after the granting review of the case in December, the Minnesota Supreme Court affirmed that ruling in a decision it made public on Wednesday.

The Supreme Court reached this decision first by examining whether the notion of “transfer” under the communicable-disease statute with regard to medical donations includes the transfer of semen during unprotected sex. The justices determined that the way the law is worded is ambiguous. Then, looking toward the legislative history leading to passage of the bill, the court determined that lawmakers didn’t intend to mean consensual sex when referring to the transfer of semen.

“We acknowledge that the communicable-disease statute presents difficult interpretation issues and that the Legislature may have, in fact, intended something different,” the decision states. “If that is the case, however, it is the Legislature’s prerogative to reexamine the communicable-disease statute and amend it accordingly.”

Gay rights and HIV/AIDS advocates praised the decision as a just way to end the state’s prosecution of an individual for engaging in consensual sex.

Chase Strangio, staff attorney with the ACLU AIDS Project, said it’s “deeply concerning” that a state would persecutive an HIV-positive person for engaging in consensual sex where parties disclosed their HIV status.

“Today’s decision marks an important step in protecting HIV-positive Minnesotans from misapplication of the criminal law,” Strangio said.

Sean Strub, a longtime AIDS activist and founder of POZ Magazine, said the court decision is positive, but he still has concerns.

“The ruling in Minnesota is a good step, but there’s still something creepy about having to celebrate, in 2013, a court ruling that says two consenting adults have the right to have sex with each other,” Strub said.

Strub noted public health statutes have been used in history to discriminate against immigrants, Jews, Chinese, African Americans and migrants in addition to LGBT people. He called on Minnesota to change its law to enable greater clarity.

“People with HIV today seem to be an acceptable focus for fears and biases that only barely mask the racism and homophobia that drive them,” Strub said. “I hope this court decision will inspire the Minnesota legislature to modernize their statute to reflect contemporary science and a respect for the rights of all people, including people with HIV.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

Local

Comings & Goings

Chef Jamie Leeds opens new dining concepts

Published

on

Jamie Leeds

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Jamie Leeds, chef extraordinaire, and owner of Hank’s Oyster Bars, as she ventures into some new areas. Leeds is an award-winning Washington, D.C.–area chef, restaurateur, and entrepreneur with more than three decades of experience shaping the region’s dining scene.

Her first new venture is a restaurant opening in Alexandria this week. It will be called Hank’s Pasta Bar, bringing a personalized twist to classic Italian dining with a hiddenrestaurant-inside-a-restaurant in Old Town, Alexandria. The new trattoria is above Hank’s Oyster Bar, and will feature a build-your-own menu, marking a new direction for Leeds in partnership with chef Darren Norris. Norris brings more than three decades of experience to Hank’s Pasta Bar, with a foundation grounded in Italian cooking. The grand opening was scheduled for May 14. The elevated casual eatery blends an inventive chef-driven menu with an easy-going, sit-down dining experience that puts guests in charge. Hank’s Pasta Bar bridges the gap between elevated fast casual, like Norris’s Shibuya, and full-service dining, like Leeds’s Hank’s Oyster Bar. Diners order electronically at the table, but unlike fast casuals, food and beverages are delivered on plate ware, and a server is on site at all times.  

The restaurant-inside-a-restaurant, welcomes guests to dine in with a full bar, including Italian wines and craft cocktails, maintaining its focus on traditional Italian fare with contemporary touches, including a build-your-own pasta bowl experience starting at $16. Create your own pasta bowl from seven artisanal pastas (including gluten-free), nine made-in-house sauces, proteins, vegetables, and toppings. Leeds said, “It’s the kind of place you’d find down a side street in a Tuscan hill town, after being tipped off by a friend who says, ‘trust me.’ If you know, you know.” 

The restaurant will continue Hank’s community partnerships, including with Real Food for Kids, supporting programs that improve school food and nutrition equity. 

In addition to this you should try Jaimie’s other new venture. Back Door Taco at Hank’s in Dupont Circle. You walk down the alley from 17th Street to the back door of Hank’s, and enter a small patio to partake of great tacos and interesting cocktails.

Continue Reading

District of Columbia

HIV Vaccine Awareness Day set for May 18

Whitman-Walker joins nationwide recognition of efforts to develop vaccine

Published

on

(Image courtesy of the NIH)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.

“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.

“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.

It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”

On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.  

“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.

A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.

“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.

“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”  

Continue Reading

World

This year’s IDAHOBiT to highlight democracy

Criminalization laws, US funding cuts among global movement’s challenges

Published

on

"At the heart of democracy" is the theme of this year's International Day Against Homophobia, Transphobia, and Biphobia. (Graphic courtesy of ILGA World)

Activists around the world on Sunday will mark the International Day Against Homophobia, Transphobia, and Biphobia.

The IDAHOBiT Advisory Group — which includes 18 LGBTQ and intersex rights organizations around the world — in a press release notes IDAHOBiT events are expected to take place in more than 60 countries. Advocacy groups are also using IDAHOBiT to highlight discrimination and violence based on sexual orientation and gender identity and other LGBTQ-specific issues.

Caribe Afirmativo, a Colombian advocacy group, on May 8 released a report that notes one LGBTQ person was reported murdered in the country every 32 hours in 2025. Caribe Afirmativo also said the Colombian government has not done enough to address anti-LGBTQ violence.

“The evidence is clear: violence against LGBTIQ+ persons in Colombia does not begin with homicide, but with tolerated prejudice and ignored threats,” reads Caribe Afirmativo’s report. “In 2025, the State not only failed to protect — it also failed to count, investigate, and sanction. The crisis is not invisible. It is structural. And it requires an urgent, comprehensive, and sustained response.”

The Initiative for Equality and Discrimination, a Kenyan group known by the acronym INEND, issued a report that details how the country’s law enforcement treats LGBTQ and intersex people. “A widespread pattern of arbitrary arrests, extortion, and both physical and sexual violence” are among the abuses the INEND report notes.

“These abuses not only inflict severe physical and psychological trauma but also foster a widespread distrust of the law enforcement, further marginalizing the community and hindering its ability to seek justice, access essential services such as healthcare, and fully enjoy fundamental freedoms,” it reads.

IDAHOBiT commemorates the World Health Organization’s declassification of homosexuality as a mental disorder on May 17, 1990. This year’s IDAHOBiT theme is “At the Heart of Democracy.”

This year’s IDAHOBiT will take place against the continued impact that the lack of U.S. funding is having on the global LGBTQ and intersex rights movement.

The IDAHOBiT Advisory Group notes consensual same-sex sexual relations remain criminalized in 65 U.N. member states, and the number of countries with criminalization laws increased in 2025. The IDAHOBiT Advisory Group also indicates more than 60 countries have laws that restrict “freedom of expression related to sexual and gender diversity issues.”

“No matter where we live, who we are, or the faiths that drive us, most people want to nurture neighborhoods and communities where every life can bloom,” said the IDAHOBiT Advisory Group. “But today, reactionary governments worldwide are poisoning our gardens with the invasive weeds of their authoritarian policies and exclusionary legislations.”

‘Progress is still happening’

Activists around the world since last year’s IDAHOBiT have seen several legal and political victories.

New Hungarian Prime Minister Péter Magyar on April 12 defeated his predecessor, Viktor Orbán, whose government faced widespread criticism over its anti-LGBTQ crackdown.

The Eastern Caribbean Supreme Court last July struck down St. Lucia’s colonial-era laws. The Dominican Republic’s Constitutional Court a few months later ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members. Botswana late last month repealed a provision of its colonial-era penal code that criminalized homosexuality.

A Hong Kong judge last September ruled in favor of a lesbian couple who sought parental recognition for their son. The European Union Court of Justice over the last year issued two landmark decisions: one said EU countries must recognize same-sex marriages legally performed in other member states and another directed member states to allow transgender people to legally change their name and gender on ID documents.

“Time and again, LGBTQIA+ people have resisted, rolled up their sleeves together with all the good people caring about their communities, and sowed the seeds of change,” said the IDAHOBiT Advisory Group in its press release.

Continue Reading

Popular