Politics
Gay Iowa man denied relief under HIV-criminalization law
Court rules Rhoades could have infected partner through unprotected oral sex

The Iowa Court of Appeals ruled that a gay Iowa man was at risk of infecting his partner through unprotected oral sex. (image via wikimedia).
A gay HIV-positive man in Iowa was unable Wednesday to obtain relief from his conviction under a state HIV criminalization law because he received unprotected oral sex while withholding his HIV status.
In a 3-0 ruling, the Iowa Court of Appeals ruled Nick Rhoades is ineligible for post-conviction relief because he may have transmitted HIV to his sexual partner in 2008 through oral sex. Judge Richard Doyle wrote the opinion.
“Sexual intercourse may be committed through oral sex, and oral sex is a well-recongized means of transmission of HIV,” Doyle writes. “The person exposed to HIV need not become infected with the virus in order for the infected person to be prosecuted under section 709C.1(4).”
In 2008, Rhoades had a one-night-stand with Adam Plendi. After meeting online at Gay.com, Rhoades went to Plendi’s home in Cedar Falls and the two had consensual sex. Rhoades received unprotected oral sex, and then the two had protected anal sex in which Plendi was the receptive partner. Rhoades is HIV-positive, but didn’t disclose that information to Plendi, who wasn’t infected by the encounter.
After later learning that Rhoades is HIV-positive, Plendi contacted the police, who charged Rhoades with criminal transmission of HIV. Under advice from his attorney, Rhoades pled guilty to the charges and was given the maximum sentence of 25 years in prison and classified as a sex offender. Several months later the court reconsidered the decision, suspended Rhoades’ prison sentence and placed him on supervised probation for five years.
In March 2010, Lambda Legal on behalf of Rhoades applied for post-conviction relief, arguing his attorney who advised him to plead guilty had failed to inform him of the specifics of the statute. Rhoades contended he didn’t violate the law because the anal sex was protected and during oral sex he didn’t intend to ejaculate.
In December 2011, the district court denied the application. The court of appeals decision on Wednesday affirmed that denial.
“[T]hat Rhoades may not have ejaculated during the unprotected oral sex is irrelevant,” the decision states. “Here, the minutes of testimony unequivocally establish Rhoades engaged in unprotected oral sex with A.P., and consequently, Rhoades’s claim that he did not ejaculate provides no support to his argument there was a lack of a factual basis regarding the ‘intent element’ of ‘intimate contact.’ We therefore conclude a factual basis existed to support Rhoades’s plea of guilty.”
The general consensus of research indicates while HIV infection through unprotected oral sex is possible, it’s extremely unlikely. According to the website for the Minnesota AIDS Project, the risk of HIV transmission is very low because the mouth is an unfriendly environment for HIV.
“Saliva contains enzymes that break down the virus and the mucous membranes in the mouth are more protective than anal or vaginal tissue,” the website states. “There are a few documented cases where it appears that HIV was transmitted orally and those cases are attributed to ejaculation into the mouth.”
The website for the Centers for Disease Control says “it is possible” to infect someone with HIV through performing or receiving oral sex and there have been a few reported cases of transmission, but it’s a less common mode of transmission than anal and vaginal sex.
Christopher Clark, Lambda’s senior staff attorney, said his organization is “extremely disappointed” because the conviction is the result of “a misinterpretation of the plain language of the statute.”
“Someone who engages in safe sex, as Nick did, does not have the intent required to support a conviction under Iowa’s law concerning the criminal transmission of HIV,” Clark said.
Clark said Lambda is reviewing possible options with Rhoades in the aftermath of the ruling, which includes a potential appeal to the Iowa Supreme Court.
According to Lambda, 39 states have HIV-specific criminal statutes or have brought HIV-related criminal charges, resulting in more than 160 prosecutions in the United States in the past four years. The laws have been criticized for creating a disincentive for HIV testing and potentially discouraging the disclosure of HIV status.
Scott Schoettes, HIV Project Director for Lambda Legal, said the court decision demonstrates the harm of HIV-criminalization laws.
“This decision is another example of how our outdated perceptions of and misunderstandings about HIV are still driving public policy, leading to horrifying criminal penalties for the person living with HIV, even in situations where no harm was intended or actually occurred,” Schoettes said.
Sean Strub, a native Iowan and founder of POZ Magazine, said the court decision is based on “misconceptions” over HIV transmission.
“There’s never been a documented, proven case where HIV was transmitted through anal sex from someone known to have an undectable viral load, let alone oral sex as was under consideration in this ruling,” Strub said. “It hasn’t even been established for certain that HIV is ever transmitted through oral sex, even when a person has a detectable viral load, except when there are open sores or other extreme circumstances.”
Legislation is pending before the Iowa Legislature that would modify the state’s HIV criminalization law. It passed the Iowa State Senate Judiciary Committee last year by an 11- 2 vote with bi-partisan support. Strub said he’s hopeful in this next legislative session the bill will pass and be signed into law by Gov. Terry Branstad.
Congress
HRC president campaigns for Chris Pappas in NH
Gay congressman running to succeed retiring U.S. Sen. Jeanne Shaheen
Human Rights Campaign President Kelley Robinson on Sunday campaigned for U.S. Rep. Chris Pappas (D-N.H.) in New Hampshire.
Robinson traveled to Manchester, the state’s largest city, nine days before the Sept. 8 primary that will determine who will vie for retiring U.S. Sen. Jeanne Shaheen (D-N.H.)’s seat.
We’re hitting the pavement across New Hampshire to fight for a freer, fairer future for everyone.
Glad to have Human Rights Campaign President @KelleyJRobinson join us for a canvass launch in Manchester today. pic.twitter.com/XWCEaQxy4o
— Chris Pappas (@ChrisPappasNH) August 30, 2026
Former U.S. Sen. John E. Sununu, who represented New Hampshire in the U.S. Senate from 2003-2009, will face off against former U.S. Sen. Scott Brown, who represented Massachusetts in the U.S. Senate from 2010-2013, in the Republican primary.
Karishma Manzur is among the Democrats challenging Pappas.
A poll the University of New Hampshire Survey Center released on Aug. 26 shows Sununu is ahead of Brown. The same survey shows Pappas ahead of Manzur and his other Democratic challengers.
The UNH Survey Center poll shows Sununu ahead of Pappas by a 45-43 percent margin if they were to face off in the general election. The margin of error is +/-2.1 percent.
Pappas would become the first openly gay man elected to the U.S. Senate if he were to win in November.
Congress
Chris Van Hollen says the Democratic Party needs change. Is he the one to lead it?
Senator is backing anti-establishment Democrats across the country
By LEE O. SANDERLIN | The Democratic Party is having something of an identity crisis — losing to President Donald Trump twice in three elections will do that.
Should the party embrace anti-establishment figures who espouse progressive policy ideas like Medicare for all and rhetoric about unrigging the economy for the 1 percent? Or should Democrats try to appeal to moderates who want to return to semi-normalcy in a time of political upheaval?
Although he’s been in Congress since 2002, with key leadership roles throughout his tenure, Maryland Sen. Chris Van Hollen, 67, counts himself firmly in the anti-establishment camp.
The rest of this article can be found on the Baltimore Banner’s website.
Politics
Log Cabin Republicans remove transgender rights from mission
Decision made after ‘significant discussion’ with members, board
Log Cabin Republicans, an organization that formerly represented LGBTQ conservatives, has removed advocating for transgender and queer rights from its “renewed” national advocacy focus.
In an opinion piece written by Log Cabin Republicans President Ross Hemminger for the conservative media outlet Town Hall, he announced that trans rights would no longer be part of what the organization advocates for through conservative leadership and candidates.
In his piece, Hemminger wrote that after “significant discussion” with members and Log Cabin Republicans’ board of directors, the organization’s leadership voted to “refine Log Cabin Republicans’ national advocacy focus to concentrate specifically on issues of sexual orientation and conservative values,” a focus that does not include trans people.
“We have fought for the right to legally marry who we love, serve our country and our communities openly and proudly, and to enjoy the same inalienable rights afforded to all law-abiding Americans — and we succeeded,” Hemminger wrote. “However, the new era of gender identity politics is not the movement we supported and fought for. Gay men and women are losing public support across the country, and support for gay marriage and other once-widely accepted rights is eroding. Why? Because many voters today weren’t alive or cognizant of the politics of gay marriage winding its way through the courts and gaining ground in public opinion. Their view of the gay community is based on today’s radical transgender activists with their unnecessary and discomfiting focus on America’s youth.”
Hemminger then went on to argue that trans advocacy has shifted to focusing primarily on minors — a characterization that does not reflect the breadth of issues trans advocates address.
“They push schools to teach radical gender ideology; they want biological men in women’s sports regardless of the consequences; perhaps most offensively, they support gender reassignment treatments for minors, often without the knowledge or consent of the parents, knowing full well these treatments are mostly irreversible,” he wrote.
Hemminger and many right-wing political leaders have continued to assert this false reality as fact.
A Harvard-affiliated study found approximately 2.1 gender-affirming surgeries occur per 100,000 trans and gender-diverse minors diagnosed with gender dysphoria, underscoring how uncommon these procedures are among minors. In addition to the option of surgery for those who think it’s right for them, there is an array of other medically sound options to treat gender dysphoria, which according to KFF, an independent source for health policy research and polling, includes “medical, surgical, mental health, and non-medical services for transgender and nonbinary people.”
Additionally trans advocacy is not as narrow as Hemminger makes it seem in his opinion piece.
There are a slew of issues the trans community faces — and fights for — on a daily basis that have nothing to do with healthcare. Those include obtaining government documents that accurately reflect one’s gender identity, multiple elements of family law that include the right to marry and adopt children as straight couples can, protections from violence, hate crime protections, the right to serve in the military, access to bathrooms corresponding with their gender, and the right to education.
Despite the overwhelming number of issues trans people — regardless of political affiliation — have to struggle with as a result of systemic gaps in protections that are supposed to be afforded to everyone under the law, they remain vulnerable to unequal treatment.
Despite this shift, Log Cabin Republicans has committed to standing with the Republican Party rather than LGBTQ people as a whole. The organization was initially founded as a loosely connected network of local California social clubs made up of LGBTQ conservatives in the late 1970s before eventually emerging as a national political organization in the early 1990s under its founding executive director, Rich Tafel.
As the organization continued to gain momentum, it endorsed a handful of Republicans who voted against the Respect for Marriage Act, the 2022 law that federally recognized marriage equality for same-sex couples.
The Washington Blade reached out to Log Cabin Republicans for comment but did not hear back by the time of publication.
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