News
Minnesota Supreme Court won’t prosecute HIV-positive gay man
Respondent prosecuted after infecting partner through consensual unprotected 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.”
Poland
Polish court rules country must recognize same-sex marriages from EU states
Poland ‘must comply with European Union law’
Poland’s Supreme Administrative Court on March 20 ruled the country must recognize same-sex marriages legally performed in other European Union states.
The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage.
The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling by the Supreme Administrative Court clearly demonstrates that Poland, as a member state of the European Union, must comply with European Union law,” said Przemek Walas, advocacy manager for the Campaign Against Homophobia, a Polish LGBTQ advocacy group, in a statement. “The Supreme Administrative Court rightly upheld the interpretation of the Court in Luxembourg and indicated that the only way to implement this ruling is to allow the transcription of a foreign marriage certificate.”
“This ruling is a significant step towards marital equality, but certainly not sufficient,” added Walas.
Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia are the EU countries that have extended full marriage rights to same-sex couples. Poland — along with Romania, Bulgaria, and Slovakia — are the four EU countries with no legal recognition of same-sex couples.
District of Columbia
Capital Stonewall Democrats 50th anniversary gala draws ‘sold out’ crowd
D.C. elected officials, mayoral candidates praise LGBTQ Democratic group
A sold-out crowd of 186 people, including D.C. elected officials and candidates running for D.C. mayor, turned out Friday, March 20, for the Capital Stonewall Democrats 50th anniversary celebration.
Among those attending the event, held at the Pepco Edison Place Gallery building next to the city’s Chinatown neighborhood, were seven D.C. Council members and four Democratic candidates running for mayor.
But at the request of Capital Stonewall Democrats leaders, the Council members, most of whom are running for re-election, and mayoral contenders did not give campaign speeches. Instead, they mingled with the crowd and focused on the accomplishments of the LGBTQ Democratic group over the past 50 years, with some presenting the group’s special “honor” awards to about a dozen prominent LGBTQ Democratic activists.
D.C. Mayor Muriel Bowser, who was initially expected to attend the event, did not attend.
The mayoral candidates attending included D.C. Council member Janeese Lewis George (D-Ward 4) and former At-Large Council member Kenyan McDuffie, an independent turned Democrat, who are considered the leading mayoral contenders in the city’s June 16 Democratic Primary. Both have strong, longtime records of support for LGBTQ rights issues.
The other two mayoral candidates attending the event were Gary Goodweather, a real estate manager, and Rini Sampath, a cybersecurity consultant. Sampath told the Washington Blade she self-identifies as queer. Both have expressed strong support on LGBTQ-related issues.
The D.C. Council members attending the event included Lewis George; Council Chair Phil Mendelson (D-At-Large); Anita Bonds (D-At-Large); Robert White (D-At-Large); Matt Frumin (D-Ward 3); Zachary Parker (D-Ward 5), the Council’s only gay member; and Charles Allen (D-Ward 6).
“Tonight we celebrate not just 50 years of history but 50 years of showing up,” Howard Garrett, Capital Stonewall Democrats immediate past president, told the gathering in opening remarks. “Showing up when it was easy, showing up when it wasn’t popular,” he said, adding, “This work only continues if we continue to show up.”
He noted that the deadline for joining the organization in time to be eligible to vote on its endorsement of candidates running in D.C.’s 2026 election was midnight that night. He urged attendees who were not members to go to two tables at the event to join.
The group’s current president, Stevie McCarty, thanked the group’s longtime members who he said played a key role in what he called its historic work in building political support for the D.C. LGBTQ community. Among those he thanked was Paul Kuntzler, 84, one of the group’s founding members in January 1976, when it was initially named the Gertrude Stein Democratic Club.
Members voted to rename the group the Capital Stonewall Democrats in 2021.
Among the LGBTQ advocates who were honored at the event was Rayceen Pendarvis, the longtime host of a D.C. LGBTQ online interview show that included interviews of candidates for public office. Pendarvis also served as emcee for the Capital Stonewall Democrats 50th anniversary event.
“Thank you everyone in this room who has done the work to make this world a better place,” Pendarvis said in opening remarks. “To all our prestigious activists in the room, all of our amazing politicians in the room who are doing the work, we love you and we honor you.”
Among the honorees in addition to Pendarvis was Malcolm Kenyatta, the Democratic National Committee’s vice chair who became the first openly LGBTQ person of color to win election to the Pennsylvania General Assembly in 2018.
Other honorees included Parker; Earl Fowlkes, founder of the International Federation of Black Prides; Vita Rangel, a transgender woman who serves as deputy director of the D.C. Mayor’s Office of Talent and Appointments; Heidi Ellis, director of the D.C. LGBTQ Budget Coalition; and Philip Pannell, longtime LGBTQ Democratic activist, Ward 8 civic leader, and longtime Capital Stonewall Democrats member.
The 50th anniversary event included an open bar and refreshments and entertainment by three drag performers.
The Washington Blade on Wednesday spoke with Max Polonsky, a queer American who lives in Israel, about the Iran war and its impact on the country.
“It’s been tiring,” Polonsky told the Blade during a telephone interview from his home in Jaffa, an ancient port city with a large Arab population that is now part of Tel Aviv.
Polonsky grew up in Cherry Hill, N.J. He lived in D.C. for eight years before he moved to Israel in March 2022.
Israel and the U.S. on Feb. 28 launched airstrikes against Iran.
One of them killed Supreme Leader Ayatollah Ali Khamenei. Iran in response launched missiles and drones against Israel and other countries that include Kuwait, Bahrain, Qatar, the United Arab Emirates, Jordan, Saudi Arabia, Azerbaijan, and Cyprus.
An Iranian missile on March 1 killed nine people and injured 27 others in Beit Shemesh, an Israeli town that is roughly 20 miles west of Jerusalem. Shrapnel from an Iranian missile that struck a hair salon in Beit Awa, a Palestinian town in the West Bank, on Wednesday killed four women and injured more than a dozen others.
An Iranian drone that hit a command center in Kuwait on March 1 killed six U.S. soldiers: Sgt. Declan Coady, Sgt. 1st Class Nicole Amor, Capt. Cody Khork, Sgt. 1st Class Noah Tietjens, Chief Warrant Officer 3 Robert Marzan, and Maj. Jeffrey O’Brien. Another American servicemember, Sgt. Benjamin Pennington, died on March 8, a week after Iranian drones and missiles targeted the Prince Sultan Air Base in Saudi Arabia.
Iranian drones and missiles have damaged hotels, airports, oil refineries, and other civilian and energy infrastructure in the United Arab Emirates, Kuwait, Qatar, and elsewhere. Israel on Wednesday attacked Iran’s South Pars natural gas field in the Persian Gulf.
The Associated Press notes roughly 20 percent of the world’s crude oil passes through the Strait of Hormuz that connects the Persian Gulf and the Gulf of Oman. Gas prices in the U.S. and around the world continue to increase because the war has essentially closed the strategic waterway to ship traffic.
The war also left hundreds of thousands of people who were traveling in the Middle East stranded.
The Blade on March 6 spoke with Mario, who had stopped in his native Lebanon while traveling from the U.S. to India for work.
Mario was about to board a flight at Rafic Hariri International Airport in Beirut, the Lebanese capital, on Feb. 28 when the war began and authorities closed the country’s airspace. Mario is now back in the U.S.
Polonsky told the Blade there were “alarms all day … sometimes multiple alarms an hour, sometimes every hour, every two hours” on Feb. 28.
Israel’s Home Front Command typically issues warnings about 10 minutes ahead of an anticipated Iranian missile attack. Sirens then sound 90 seconds before an expected strike.
People in Tel Aviv, Jerusalem, and in other cities in central Israel have 90 seconds to seek shelter if a rocket or missile is fired from Lebanon or the Gaza Strip. (Hezbollah, an Iran-backed Shia militant group in Lebanon that Israel and the U.S. have designated a terrorist organization, launched rockets at the Jewish State after Khamenei’s death. Israel, in turn, continues to carry out airstrikes against Hezbollah targets in Lebanon. Hamas militants on Oct. 7, 2023, killed upwards of 1,200 people when they launched a surprise attack against Israel from the Gaza Strip.) People who live close to Lebanon and Gaza have 15 seconds to seek shelter.
Polonsky has a safe room — known as a “mamad” — in his apartment. Polonsky also uses it as his home office and a second bedroom.
He told the Blade the alerts in recent days have become less frequent.
“We’ll get maybe a handful of alarms during the day, maybe some at night,” said Polonsky.
Israel on June 12, 2025, launched airstrikes against Iran that targeted the country’s nuclear and military facilities. The subsequent war, which lasted 12 days, prompted the cancellation of Tel Aviv’s annual Pride parade. An Iranian missile destroyed Mash Central, the city’s last gay bar.
Iran on Oct. 1, 2024, launched upwards of 200 ballistic missiles at Israel. This reporter arrived in Israel three days later to cover the first anniversary of Oct. 7 and the impact the subsequent war in the Gaza Strip had on LGBTQ Israelis and Palestinians.
‘Iranian regime was bad’
Polonsky admitted he doesn’t “know what to think” about the latest war against Iran.
“I don’t know what I think about the war,” he said. “Ultimately what happens is just not in my personal control: whatever Donald Trump, [Israeli Prime Minister Benjamin] Netanyahu, the ayatollah, whoever is running Iran are going to organize and launch attacks and reach any deals is not anything I personally have any control over, so I try to just kind of let that aspect of it go as I’m living my life.”
Polonsky told the Blade he understands “there are very serious questions about how” the war started, and Congress’s role in it.
“Those are serious and valid, important questions,” he said. “And at the same time, the Iranian regime was bad.”
Polonsky noted Iran has supported and funded Hezbollah, Hamas, Houthi rebels in Yemen, and other groups “who were attacking Israel.” Polonsky added the Iranian government has “terribly oppressed their people.”
Iran is among the handful of countries in which consensual same-sex sexual relations remain punishable by death.
Reports indicate Iranian authorities killed upwards of 30,000 people during anti-government protests that began late last year. Sources with whom the Blade spoke said LGBTQ Iranians are among those who participated in the demonstrations.
“I’m not sad to see them pressured,” said Polonsky, referring to the Iranian regime.
He also described Khamenei as “a bad guy.”
“Him not being there is better,” said Polonsky.
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