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.”
Virginia
Spanberger signs bill that paves way for marriage amendment repeal referendum
Proposal passed in two successive General Assembly sessions
Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.
The ballot question that voters will consider on Election Day is below:
Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?
Voters in 2006 approved the Marshall-Newman Amendment.
Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.
“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.
Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.
District of Columbia
D.C. non-profits find creative ways to aid the unhoused amid funding cuts
City’s poor economic mobility makes it easier to slip into homelessness
Homelessness is unlikely to disappear entirely, but it can be minimized and controlled.
That principle guides Everyone Home Executive Director Karen Cunningham’s approach to homeless support and prevention in D.C.
“There’s always going to be some amount of people who have a crisis,” Cunningham said. “The goal is that if they become homeless, [it’s] rare, brief and non-recurring. And in order for that to be the case, we need to have steady investments in programs that we know work over time.”
Making those investments has proven to be an unprecedented challenge, however. Cunningham said non-profits and other organizations like Everyone Home are grappling with government funding cuts or stalls that threaten the work they do to support D.C.’s homeless population.
Despite a 9% decrease in homelessness from 2024 to 2025, advocates worry that stagnant funding will make that progress hard to sustain. Furthermore, D.C. has the worst unemployment rate in the country at 6.7% as of December. The city’s poor economic mobility makes it easier for people to slip into homelessness and harder to break free of it.
There’s a way forward, Cunningham said, but it’s going to take a lot of perseverance and creative solutions from those willing to stay in the fight.
Fighting through setbacks
Reduced funding from the city government has shifted the way Everyone Home operates.
In D.C.’s fiscal year 2026 budget proposal, homeless services and prevention programs saw stalled growth or financial reductions. Even just a few years ago, Cunningham said Everyone Home received a large influx of vouchers to help people who needed long-term supportive housing. The vouchers allowed the non-profit to break people free of the homeless cycle and secure stable housing.
However, those vouchers are scarce these days. Cunningham said the city is investing less in multi-year programs and more in programs that offer preventative and upfront support.
She said this reality has forced Everyone Home to stop operating its Family Rapid Rehab program, which helps families leave shelters and transition into permanent housing. Current funds couldn’t withstand the size of the program and Cunningham said very few organizations can still afford to run similar programs.
The Family Homelessness Prevention program, however, is thriving and expanding at Everyone Home due to its short-term nature. It provides families with 90-day support services to help them get back on track and secure stable finances and housing.
Everyone Home also offers a drop-in day center, where they provide people with emergency clothing, laundry, and meals, and has a street outreach team to support those who are chronically homeless and offer services to them.
Inconsistencies in financial support have created challenges in providing the necessary resources to those struggling. It’s led non-profits like Everyone Home to get creative with their solutions to ensuring no one has recurring or long spouts of homelessness.
“It’s really a sustained investment in these programs and services that can allow us to chip away, because if you put all these resources in and then take your foot off the gas, there’s always people entering the system,” Cunningham said. “And so we have to always be moving people out into housing.”
Getting people in and out of the homeless system isn’t easy due to D.C.’s struggle with providing accessible and affordable housing, D.C. Policy Center executive director Yesim Sayin said in a Nov. 16 Washington Blade article.
Sayin said that D.C.’s construction tailors to middle or upper class people who live in the city because work brought them there, but it excludes families and D.C. natives who may be on the verge of homelessness and have less geographic mobility.
Building more and building smarter ensures D.C.’s low-income population aren’t left behind and at risk of becoming homeless, Sayin said.
That risk is a common one in D.C. given its low economic mobility. Residents have less room to financially grow given the city’s high cost of living, making vulnerable communities more prone to homelessness.
With funding cuts for long-term programs, preventative programs have proven to be vital in supporting the homeless population. When someone becomes homeless, it can have a snowball effect on their life. They aren’t just losing a house –– they may lose their job, access to reliable transportation and food for their family.
Cunningham said resources like the Family Homelessness Prevention program allows people to grow and stabilize before losing crucial life resources.
“Helping people keep what they have and to try to grow that as much as possible is really important where there aren’t a lot of opportunities…for people to increase their income,” Cunningham said.
Through all the funding cuts and reduced services, D.C.’s homeless support organizations are still finding a path forward –– a path that many residents and families rely on to survive.
Pushing forward
Local non-profits and organizations like Everyone Home are the backbone of homeless support when all other systems fail.
When the White House issued an executive order directing agencies to remove homeless encampments on federal land, Coalition For The Homeless provided ongoing shelter to those impacted.
“We were asked by our funders to open two shelters at the time of the encampment policy announcement,” Lucho Vásquez, executive director of Coalition For The Homeless, said. “We opened the shelters on the same day of the request and have been housing 100 more people who are unhoused each night since August.”
This was achieved even after Coalition faced “severe cuts in funding for supportive and security services,” according to Vásquez. Staff members have taken on additional responsibilities to make up for the loss in security coverage and supportive services with no increase in pay, but Vásquez said they’re still trying to fill gaps left by the cuts.
Coalition offers free transitional housing, single room occupancy units and affordable apartments to people who were unhoused.
Coalition For The Homeless isn’t the only non-profit that’s had to step up its services amid dwindling resources. Thrive D.C. provides hot meals, showers, and winter clothes, which is especially important during the winter months.
Pathways to Housing D.C. offers housing services for people regardless of their situation or condition. Its “Housing First” teams house people directly from the streets, and then evaluate their mental and physical health, employment, addiction status, and education challenges to try to integrate them back into the community.
Covenant House is a homeless shelter for youth ages 18-24. They provide resources and shelter for youth “while empowering young people in their journey to independence and stability,” its website reads. Through its variety of programs, Friendship Place ended or prevented homelessness, found employment and provided life-changing services for more than 5,400 people.
These groups have made a huge local difference with little resources, but Cunningham said there are more ways for people to support those experiencing homelessness if they’re strapped for time or money. Aside from donating and volunteering, she said even simply showing compassion toward people who are struggling can go a long way.
Cunningham said compassion is something that’s been lost in the mainstream, with politicians and news anchors regularly directing hostile rhetoric toward homeless populations. But now more than ever, she said caring and understanding for fellow community members is key to moving forward and lifting those in need up.
“People sometimes feel invisible or that there’s a sense of hostility,” Cunningham said. “I think all of us can at least do that piece of recognizing people’s humanity.”
(This article is part of a national initiative exploring how geography, policy, and local conditions influence access to opportunity. Find more stories at economicopportunitylab.com.)
Colombia
LGBTQ Venezuelans in Colombia uncertain about homeland’s future
US forces seized Nicolás Maduro and his wife on Jan. 3
BOGOTÁ, Colombia — LGBTQ Venezuelans who live in Colombia remain uncertain about their homeland’s future in the wake of now former-President Nicolás Maduro’s ouster.
José Guillén is from Mérida, a city in the Venezuelan Andes that is roughly 150 miles from the country’s border with Colombia. He founded an LGBTQ organization that largely focused on health care before he left Venezuela in 2015.
Guillén, whose mother is Colombian, spoke with the Washington Blade on Jan. 9 at a coffee shop in Bogotá, the Colombian capital. His husband, who left Venezuela in 2016, was with him.
“I would like to think that (Venezuela) will be a country working towards reconstruction in a democracy,” said Guillén, responding to the Blade’s question about what Venezuela will look like in five years.
American forces on Jan. 3 seized Maduro and his wife, Cilia Flores, at their home in Caracas, the Venezuelan capital, during an overnight operation.
Maduro and Flores on Jan. 5 pleaded not guilty to federal drug charges in New York. The Venezuelan National Assembly the day before swore in Delcy Rodríguez, who was Maduro’s vice president, as the country’s acting president.
Hugo Chávez died in 2013, and Maduro succeeded him as Venezuela’s president. Subsequent economic and political crises prompted millions of Venezuelans to leave the country.

The Blade in 2021 reported Venezuelan authorities raided HIV/AIDS service organizations, arrested their staffers, and confiscated donated medications for people with HIV/AIDS. Tamara Adrián, a member of the Venezuelan opposition who in 2015 became the first openly transgender person elected to the National Assembly, told the Blade she had to take security precautions during her campaign because government supporters targeted her.
The Blade on Jan. 8 spoke with a Venezuelan AIDS Healthcare Foundation client who said Maduro’s ouster “is truly something we’ve been waiting for for 26 or 27 years.” Another Venezuelan AHF client — a sex worker from Margarita Island in the Caribbean Sea who now lives in Bogotá — echoed this sentiment when she spoke with the Blade two days later.
“I love the situation of what’s happening,” she said during a telephone interview.
Sources in Caracas and elsewhere in Venezuela with whom the Blade spoke after Jan. 3 said armed pro-government groups known as “colectivos” were patrolling the streets. Reports indicate they set up checkpoints, stopped motorists, and searched their cell phones for evidence that they supported Maduro’s ouster.
“In the last few days, it seems there are possibilities for change, but people are also very afraid of the government’s reactions and what might happen,” Guillén said.
“Looking at it from an LGBT perspective, there has never been any recognition of the LGBT community in Venezuela,” he noted. “At some point, when Chávez came to power, we thought that many things could happen because it was a progressive government, but no.”

Luis Gómez is a lawyer from Valencia, a city in Venezuela’s Carabobo state. He and his family since he was a child have worked with autistic children through Fundación Yo Estoy Aquí, a foundation they created.
Gómez was in high school in 2013 when Maduro succeeded Chávez. He graduated from law school in 2018. Gómez in November 2020 fled to Colombia after he became increasingly afraid after his mother’s death that authorities would arrest him because of his criticism of the government.
The Colombian government in December 2025 recognized him as a refugee.
Gómez during a Jan. 9 interview in Bogotá discussed his initial reaction to Maduro’s ouster.
“I’m 28 years old, and 27 of those years have been in dictatorship,” Gómez told the Blade. “I had never experienced anything like this, which is why it had such a strong impact on me.”
Gómez said he initially thought the operation to seize Maduro and Flores was similar to an attempted coup that Chávez led in 1992. Gómez added he quickly realized Jan. 3 was different.
“The last thing we thought would happen was that Maduro would be wearing an orange jumpsuit in prison in New York,” he told the Blade. “It’s also important that those of us outside (of Venezuela) knew about it before those inside, because that’s the level of the lack of communication to which they have subjected all our families inside Venezuela.”
Gómez said Maduro’s ouster left him feeling “a great sense of justice” for his family and for the millions of Venezuelans who he maintains suffered under his government.
“Many Venezuelans, and with every reason, around the world started celebrating euphorically, but given our background and our understanding, we already knew at that moment what was coming,” added Gómez. “Now a new stage is beginning. What will this new stage be like? This has also generated uncertainty in us, which the entire citizenry is now experiencing.”
Trump ‘puts us in a very complex position’
U.S. chargé d’affaires Laura Dogu on Jan. 31 arrived in Caracas to reopen the American embassy that closed in February 2019.
Tens of thousands of people on Jan. 7 gathered in Bogotá and elsewhere in Colombia to protest against President Donald Trump after he threatened Colombian President Gustavo Petro, who was once a member of the now disbanded M-19 guerrilla movement. The two men met at the White House on Tuesday.

Both Gómez and Guillén pointed out Rodríguez remains in power. They also noted her brother, Jorge Rodríguez, is currently president of the National Assembly.
“Delcy has been a key figure in the regime for many years,” said Guillén. “In fact, she was one of the toughest people within the regime.”
Gómez and Guillén also spoke about Trump and his role in a post-Maduro Venezuela.
“Donald Trump, especially in this second term, has played a very particular role in the world, especially for those of us who, genuinely, not falsely or hypocritically, truly defend human rights,” said Gómez. “It puts us in a very complex position.”
Gómez told the Blade the operation to seize Maduro and Flores was “not an invasion for us.”
“It’s not a military intervention,” said Gómez. “It was the beginning, or I would even dare to say the end of the end.”
He acknowledged “there are interests at play, that the United States doesn’t do this for free.” Gómez added U.S. access to Venezuelan oil “for us, at this point, is not something that matters to us.”
“Venezuelans have received nothing, absolutely nothing from the resources generated by oil. We live without it,” he said. “The only ones getting rich from the oil are the top drug traffickers and criminals who remain in power.”
Guillén pointed out the U.S. “has always been one of the biggest buyers of oil from Venezuela, and perhaps we need that closeness to rebuild the country.”
“I also feel that there is a great opportunity with the millions of Venezuelans who left the country and who would like to be part of that reconstruction as well,” he said.
“Logically it’s sad to see the deterioration in the country, the institutions, even the universities in general,” added Guillén. “Those of us who are outside the country have continued to move forward and see other circumstances, and returning to the country with those ideas, with those new approaches, could provide an opportunity for change. That’s what I would like.”
Editor’s note: International News Editor Michael K. Lavers was on assignment in Colombia from Jan. 5-10.
