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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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Prominent activists join ‘Living History’ panel at Freddie’s Beach Bar

Event organized by owner of new Friends of Dorothy Café in Alexandria

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Panelists speak at the 'Living History' discussion at Freddie’s Beach Bar on Thursday. (Photo by Kate Pannozzo)

Six prominent LGBTQ community leaders and elders, including a beloved drag performer, talked about their role in advancing the rights of LGBTQ people and their thoughts on how the upcoming generation of LGBTQ youth should get ready to join the movement participated in an April 23 “Living History” panel discussion at Freddie’s Beach Bar.

The event was organized by Dorothy Edwards, who plans to open Friends of Dorothy Café in Alexandria. She said the café will be an LGBTQ community “intergenerational space” that will host events like the one she organized at Freddie’s Beach Bar.

“It will be a space for connection, storytelling, and belonging, especially for LGBTQ+ youth and community members who don’t always have places like that,” she said in a statement announcing the event at Freddie’s.

The six panelists at the Freddie’s event included Kierra Johnson, president of the D.C.-based National LGBTQ Task Force; Freddie Lutz, owner of Freddie’s Beach Bar located in the Crystal City section of Arlington, Va.; Donnell Robinson, who for many years performed in drag as the icon Ella Fitzgerald; Taylor Chandler Walker, a local transgender rights advocate, author and public speaker; Heidi Ellis, coordinator of the D.C. LGBTQ Budget Coalition; and Leti Gomez, an LGBTQ Latino community advocate and chair of the board of the American LGBTQ+ Museum.

Dr. Ashley Elliott, an LGBTQ community advocate and clinician who also goes by the name Dr. Vivid, served as moderator of the panel discussion, asking each of the panelists a serious of questions before opening the event to questions from the audience.

Among the issues discussed by the panelists was who was “centered” and who was excluded in the earlier years of LGBTQ organizing. Elliot also asked the panelists to address topics such as racism within queer spaces, gender dynamics, and strategies for coalition building between the LGBTQ community and other movements, including civil rights, feminism, and immigrant rights.

Each of the panelists expressed various thoughts on how the LGBTQ rights movement can make changes in response to the questions: “What can we do better?” and “Who is being left out?”

“I’m overwhelmed and so thankful that everyone on this panel said yes and agreed to come,” Edwards told the Washington Blade at the conclusion of the event. “I think every one of those people, including the moderator, was so brilliant and has done such good work for this community,” she said.

Edwards noted that each of the panelists, who have been involved in LGBTQ advocacy work for many years, talked about how they interact with younger LGBTQ people who are just beginning to become involved in activism.

“Truly, it’s an intergenerational conversation, and their wisdom and their words and their experiences can be disseminated to younger generations and people who want to do this work, people who want to fight for our community,” Edwards said.

“I was pleasantly surprised,” Lutz said. “I thought it was a good turnout, and everybody was very enthusiastic and engaged,” he said. “And I think it was great and fabulous.”     

Lutz has operated Freddie’s Beach Bar for more than 25 years and has hosted numerous LGBTQ events. A sign above the front entrance door to the popular LGBTQ bar and restaurant says, “Straight Friendly Gay Bar.”

Edwards said the April 23 event was recorded and she will make arrangements for the recording to be released for others to view it. The Blade will post the link in this story when it becomes available.   

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District of Columbia

Second trans member announces plans to resign from Capital Pride board

Zion Peters cites ‘lack of interest in the Black trans community’

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Zion Peters, a member of the Capital Pride Alliance Board of Directors who identifies as transgender, told the Washington Blade he plans to resign from the board “due to the lack of interest in the trans community, specifically the Black trans community.”

Peters continued, “Nobody has checked on me in the last two months so that shows their level of unprofessionalism towards their board members and the community as a whole.”

If he resigns, Peters would be the second known trans person to resign from the Capital Pride board since February, when longtime trans activist Taylor Lianne Chandler informed the board of her resignation in a detailed letter that was sent to the Blade by an anonymous source.

Chandler, who served as chair of the Capital Pride Transgender, Gender Non-Conforming, and Intersex Committee, stated in her Feb. 24 letter that she resigned from the board out of frustration that the board had failed to address instances of “sexual misconduct” within the Capital Pride organization. The organization’s and the board’s transgender-related policies were not cited in her letter as a reason for her resignation.

The Blade learned of Peters’s plans to resign from an anonymous source who thought Peters had already resigned along with four other board members identified by the anonymous source. The others, who Capital Pride confirmed this week had resigned, include Anthony Musa, Bob Gilchrist, Kaniya Walker, and Dai Nguyen.

Musa and Gilchrist told the Blade they resigned for personal reasons related to their jobs and that they fully support Capital Pride’s work as an organization that coordinates the city’s annual LGBTQ Pride events.  

The Blade has been unable to reach Walker and Nguyen to determine their reasons for resigning.

Capital Pride CEO Ryan Bos and Board Chair Anna Jinkerson didn’t respond to a Blade question asking if they knew why Walker or Nguyen resigned.

In response to a request by the Blade for comment on the resignations and the concern raised by Zion Peters about trans-related issues, Bos and Jinkerson sent separate statements elaborating on the organization and the board’s position on various issues.

“We can confirm that the individuals you referenced, except for Zion, no longer serve on the Capital Pride Alliance Board of Directors,” Jinkerson said in her statement.

She added that following the WorldPride festival hosted by D.C. last May and June that was organized by Capital Pride Alliance, the group anticipated a “significant level of board transition,” with many board members reaching the end of their terms. But she said many board members chose to extend their service or apply for an additional term, showing a “powerful reflection of commitment.”

Without commenting on the specific reasons for the resignations of Peterson, Walker, and Nygun, Jinkerson noted, “As with all volunteer leadership roles, transitions occur for a range of personal and professional reasons, and we appreciate those transitions with both understanding and gratitude.”

In his own statement, Bos addressed Capital Pride’s record on transgender issues. 

“The Capital Pride Alliance is committed to supporting and uplifting the Trans community through our work with the Trans Coalition under the Diversity of Prides Initiative, our partnership with Earline Budd on the LGBTQ+ Burial Fund with a focus on our Trans siblings, our collaboration with the National Trans Visibility March, and our ongoing investment in programming for Transgender Day of Visibility and Transgender Day of Remembrance,” Bos said in his statement.  

 “We also recognize there is always continued work to be done, and we always welcome feedback from our community to ensure our commitment remains unwavering,” he said.

At the time of her resignation in February, Chandler said she could not provide specific details of the instances of sexual misconduct to which she referred in her resignation letter, or who allegedly engaged in sexual misconduct, saying she and all other board members had signed a Non-Disclosure Agreement preventing them from disclosing further details.

Board Chair Jinkerson in a statement released at that time said she and the board were aware of Chandler’s concerns but did not specifically address allegations of sexual misconduct.

“When concerns are brought to CPA, we act quickly and appropriately to address them,” she said. “As we continue to grow as an organization, we’re proactively strengthening the policies and procedures that shape our systems, our infrastructure, and the support we  provide to our team and partners,” she said. 

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State Department

State Department implements anti-trans bathroom policy

Memo notes directive corresponds with White House executive order

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(Photo courtesy of the Library of Congress)

The State Department on April 20 announced employees cannot use bathrooms that correspond with their gender identity.

The Daily Signal, a conservative news website, reported the State Department announced the new policy in a memo titled “Updates Regarding Biological Sex and Intimate Spaces, Including Restrooms.”

The State Department has not responded to the Washington Blade’s request for comment on the directive.

“The administration affirms that there are two sexes — male and female — and that federal facilities should operate on this objective and longstanding basis to ensure consistency, privacy, and safety in shared spaces,” State Department spokesperson Tommy Piggot told the Daily Signal. “In line with President Trump’s executive order this provides clear, uniform guidance to the department by grounding policy in biological sex as determined at birth.”

President Donald Trump shortly after he took office in January 2025 issued an executive order that directed the federal government to only recognize two genders: male and female. The sweeping directive also ordered federal government agencies to “effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity.”

The Daily Signal notes the new State Department policy “does not prohibit single-occupancy restrooms.”

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