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

Respondent prosecuted after infecting partner through consensual unprotected sex

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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.”

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Congress

Top Democrats re-introduce trans bill of rights

Lawmakers spoke outside US Capitol on Wednesday

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U.S. Rep. Pramila Jayapal (D-Wash.) and U.S. Sen. Ed Markey (D-Mass.) speak at a press conference outside the U.S. Capitol on Feb. 11, 2026. (Washington Blade photo by Joe Reberkenny)

U.S. Sen. Ed Markey (D-Mass.) and U.S. Reps. Pramila Jayapal (D-Wash.), and Sara Jacobs (D-Calif.) announced the reintroduction of a “Trans Bill of Rights” on Wednesday.

Despite chilling winds and snow on the ground, transgender activists, LGBTQ rights advocates, and trans-supporting lawmakers gathered outside the U.S. Capitol to announce the reintroduction of the “Transgender Bill of Rights” resolution to protect trans Americans, as the Trump-Vance administration continues to target LGBTQ Americans.

About 30 people gathered outside to hear from legislators and individuals impacted by recent White House policies.

“Today we say loud and clear that trans rights are human rights, and they must be protected every single day of every single year,” Markey told the crowd. “We stand together in solidarity with the trans community and with those who have too often been left behind by a system that refuses to recognize their humanity. We are here to ensure that every trans and gender-diverse person in America can live freely and safely and authentically. That’s what the Trans Bill of Rights is all about.”

Markey is leading the resolution on the Senate side, while Jayapal is pushing it forward in the House.

“With the Trans Bill of Rights, we are laying out a comprehensive vision to provide protections for transgender and nonbinary people — a vision that ensures every single person has a chance to thrive,” Jayapal said. “A vision that says: you are us, you belong, and you are worthy of the same rights as everyone else. This bill supports amending the Civil Rights Act to ensure that trans people have the same rights and protections as all other Americans. It creates a level playing field where trans people no longer have to fight tooth and nail to get the same treatment as their cisgender friends.”

The resolution for House and the Senate reads:

“Recognizing that it is the duty of the federal government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security.”

Trans Legislation Tracker, an independent research organization that collects data on anti-trans legislation from the hyper-local level to the floor of the U.S. Senate, found that in 2025, 1,022 measures were proposed across the country to restrict the rights of trans Americans — from health care removals to bathroom bans.

Markey directly called out those lawmakers for what he described as discriminatory actions taken against trans Americans who, as he pointed out, are fighting for rights that everyone else is inherently given.

“Trump and MAGA Republicans have used the power of government to spread fear and hate across our country. They have tried to ban lifesaving and medically necessary health care, strip anti-discrimination protections, and turn trans lives into political talking points for their benefit. Well, we have a message for them: we are louder, we are stronger, and we are not going anywhere. We’re in this fight for the long term,” the Massachusetts senator said.

Jacobs, a co-chair of the Transgender Equality Task Force within the Congressional Equality Caucus, also spoke at the event.

“Trans Americans are being targeted just for being who they are — by laws and court decisions that try to erase them from classrooms, from courts and fields, from health care and public life. These attacks aren’t about safety or fairness,” Jacobs said. “They’re about hatred and instilling fear. And we know how quickly fear can warp into suspicion and violence with deadly consequences.”

In addition to lawmakers, trans Americans and supporters spoke.

Olivia Hunt from Advocates for Trans Equality, LaLa Zannell from the American Civil Liberties Union, as well as three additional people who have been actively harmed by the ongoing wave of anti-trans legislation, shared their stories.

Hunt emphasized the staggeringly high number of anti-trans bills being introduced in statehouses across the country — despite trans adults making up less than 1 percent of the population, according to the Williams Institute’s 2025 data.

“Since 2020, thousands of anti-LGBTQIA+ bills have been introduced in statehouses across the country,” Hunt said. “It’s a veritable tidal wave of political bullying disguised as legislation, and most of these bills specifically target transgender and nonbinary people — especially trans youth and their families. This is a moment that demands action.”

Hunt, who is trans, helps trans people in D.C. obtain legal documents that match their gender identity — something the Trump-Vance administration has stopped.

“Trans youth deserve to be protected by their government. They shouldn’t have to be protected from their government,” she said. “It’s long past time that our federal laws reflect and protect the reality and dignity of all people. Trans people have always existed — we are your neighbors, your family members, your community — and we belong.”

Zannell, who spoke proudly about her trans identity, explained why the bill is necessary and how it would protect trans people in all facets of their lives.

“I stand here as an unapologetic Black trans woman who has led this movement for over a decade to get us to moments like this. The reintroduction of the Trans Bill of Rights will aim to protect access to gender-affirming care, prevent discrimination in housing and public spaces, and preserve legal recognition,” Zannell said. “My hope is that this affirms our government’s duty to protect all trans and nonbinary people.”

The Transgender Bill of Rights is cosponsored in the Senate by U.S. Sens. Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Mazie Hirono (D-Hawaii), Ron Wyden (D-Ore.), Martin Heinrich (D-N.M.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), and Peter Welch (D-Vt.).

In the U.S. House of Representatives, the resolution is led by Jayapal, co-led by Jacobs and U.S. Rep. Mark Takano (D-Calif.), with nearly 100 other representatives signing on as co-sponsors.

“To all trans people across the United States: you are seen, you are valued, and you are loved,” said Markey. “And I want you to know there are people who will fight for you every single day on the floor of the House and Senate to win those rights for you.”

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A dozen Senegalese men arrested for ‘unnatural acts’

Popular journalist and musician among those taken into custody

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(Image by xileodesigns/Bigstock)

Senegalese police have charged a dozen men with committing “unnatural acts.”

The New York Times reported Pape Cheikh Diallo, a popular television reporter, and Djiby Dramé, a musician, are among the men who authorities arrested. They appeared in court in Dakar, the Senegalese capital, on Monday.

Le Soleil, a Senegalese newspaper, reported authorities arrested the men on Feb. 6 “for intentional transmission of HIV, unnatural acts, criminal conspiracy, and endangering others.” The newspaper further notes the men have been placed in “pre-trial detention.”

Senegal is among the countries in which consensual same-sex sexual relations remain criminalized.

Police in Kaolack, a town that is roughly 135 miles southeast of Dakar, in 2015 arrested 11 people who allegedly engaged in same-sex sexual acts during “a celebration of a gay marriage.” The National Assembly in 2021 rejected a bill that would have further criminalized homosexuality in the country.

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Local LGBTQ groups, activists to commemorate Black History Month

Rayceen Pendarvis to moderate Dupont Underground panel on Sunday

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Rayceen Pendarvis speaks at the WorldPride 2025 Human Rights Conference at the National Theater in D.C. on June 4, 2025. (Washington Blade photo by Michael K. Lavers)

LGBTQ groups in D.C. and elsewhere plan to use Black History Month as an opportunity to commemorate and celebrate Black lives and experiences.

Team Rayceen Productions has no specific events planned, but co-founder Rayceen Pendarvis will attend many functions around D.C. this month.

Pendarvis, a longtime voice in the LGBTQ community in D.C. will be moderating a panel at Dupont Underground on Sunday. The event, “Every (Body) Wants to Be a Showgirl,” will feature art from Black burlesque artists from around the country. Pendarvis on Feb. 23 will attend the showing of multimedia play at the Lincoln Theatre that commemorates the life of James Baldwin. 

Equality Virginia plans to prioritize Black voices through a weekly online series, and community-based story telling. The online digital series will center Black LGBTQ voices, specifically trailblazers and activists, and contemporary Black queer and transgender people.

Narissa Rahaman, Equality Virginia’s executive director, stressed the importance of the Black queer community to the overall Pride movement, and said “Equality Virginia is proud to center those voices in our work this month and beyond.”

The Capital Pride Alliance, which hosts Pride events in D.C., has an alliance with the Center for Black Equity, which brings Black Pride to D.C. over Memorial Day weekend. The National LGBTQ Task Force has no specific Black History Month events planned, but plans to participate in online collaborations.

Cathy Renna, the Task Force’s director of communications, told the Washington Blade the organization remains committed to uplifting Black voices. “Our priority is keeping this at the forefront everyday,” she said.

The D.C. LGBTQ+ Community Center is also hosting a series of Black History Month events.

The D.C. Public Library earlier this year launched “Freedom and Resistance,” an exhibition that celebrates Black History Month and Martin Luther King Jr. It will remain on display until the middle of March at the Martin Luther King Jr. Memorial Library at 901 G St., N.W.

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