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.”
European Union
Top EU court: Poland must recognize same-sex marriage from other European countries
Activists celebrate landmark decision
The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.
The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.
ILGA-Europe notes Polish authorities refused “to transcribe into the civil register a certificate of same-sex marriage concluded” in Germany “between a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.”
The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.
“Today’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,” said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. “It clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.”
“With this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,” added ILGA-Europe Advocacy Director Katrin Hugendubel. “The EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.”
Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.
District of Columbia
Fadi Jaber’s Middle Eastern background shapes Adams Morgan bakery
The Cakeroom is on 18th Street, N.W.
Fadi Jaber is the gay owner behind the Cakeroom’s bright pink facade on 18th Street, N.W. He combines his Middle Eastern background and American flavors to bring a nostalgic spread of desserts to Adams Morgan.
Born and raised in a U.S. compound in Saudi Arabia, Jaber first unlocked an interest in classic American desserts from his classmates.
“I was jealous that their moms would bring these delicious cupcakes to school when it was their birthdays, and my mom never made stuff like that. It was just grape leaves and hummus and very good Arabic food,” Jaber said.
After years of making boxed cake mixes in Saudi Arabia, Jaber tried a carrot cake from a friend’s wife from the U.S. He soon decided to make the recipe himself. When letting his parents sample the treat, Jaber’s mother suggested adding dates instead of carrots.
Now, Jaber sells the same date cake at the Cakeroom.
Jaber solidified his appreciation for American baked goods after a friend took him to Magnolia’s Bakery in New York. The visit inspired him to enroll in the Institute of Culinary Education.
“I just fell in love with the concept, and it was very much up my alley,” Jaber said. “I was already baking from scratch and making homemade style desserts that weren’t super chichi and elegant, but more just delicious and fun and nostalgic, and a throwback to people’s childhood.”
Upon leaving culinary school, Jaber moved to Jordan, where his parents relocated. He decided to leave his corporate job and open a bakery. According to Jaber, his father initially refuted the idea until he tried the desserts Jaber perfected in culinary school.
“He was part of the Palestinian diaspora. So, you know, given all the instability in his life having been forced out of their homes in 1948, it was really a very scary thought to add more instability by going out on your own and starting your own business,” Jaber said.
Jaber then opened Sugar Daddy’s, his first bakery, in Amman, Jordan, in 2007.
According to Jaber, the bakery was the first cupcake shop in the Middle East. He soon launched additional locations in Beirut, Lebanon, and Dubai, United Arab Emirates.
After six years, Jaber decided to return to the U.S. Jaber noted that he had “always longed” to live there, but he struggled to make his cakes a novel concept to an American audience.
“I’m kind of bringing pasta to the Italians, in a sense, where my cupcakes were very unique in Jordan, they wouldn’t be as unique in D.C.,” Faber said. “But my mom had confidence. She didn’t even bat an eye, and she was like, ‘I think you should do it.’”
Years prior, Jaber began visiting Washington while attending the College of William & Mary. Upon the move, he settled on Washington as a less competitive market than New York, citing his appreciation for the city’s international feel, architecture and nature.
After recruiting investors, Jaber opened Sugar Daddy’s in Adams Morgan in December 2013. However, upon being struck with a cease and desist letter from a bakery in Ohio with a similar name, Jaber experimented with 20 different names for the business.
Finally, he settled on the Cakeroom in the summer of 2014.
“I actually got some calls from D.C. government employees thanking me for the name change, because they said Sugar Daddy’s didn’t look good when they would Google it on their work laptops,” Jaber said, jokingly.
As for Jaber’s identity as a gay man, he notes that he hopes customers visit the Cakeroom because “they like our product” rather than due to his sexual identity. Still, he notes that operating the bakery in an LGBTQ-friendly city increases business opportunities to bake for LGBTQ weddings.
“A lot of people know me as the owner, I’m the face behind the brand. People in D.C. know that I’m gay, so I think we do get some business that way, but I would hate for people to just support my business because of my sexual orientation,” Jaber said.
Jaber manages the Cakeroom remotely, focusing on online orders, deliveries, scheduling, ordering, cash management, and more. He notes that while most days are routine, “at least two, three times a week there’s some firefighting that needs to happen.”
While Jaber does not intend on opening another location of the Cakeroom, he hopes to continue managing the business for another decade.
“I’ve been in this industry for 18 years,” Jaber said. “So if I can just keep it afloat, that would be my hope. It gives me purpose on a daily basis.”
Jaber’s top recommendations from the Cakeroom’s array of sweets include Nutella cookies, the date cake, and the carrot cake.
The carrot cake is based on the dessert that first inspired Jaber to pursue a career in baking.
“I think I altered it just a tiny bit, but for the most part, it is based off of the original recipe that I got from my friend’s wife,” Jaber said.
District of Columbia
D.C.’s LGBTQ bookstore moves to new location
Little District Books’ larger shop to host more authors, book club events
Little District Books, D.C.’s only LGBTQ bookstore, in early October moved its store from the Barracks Row section of Capitol Hill to a new, larger space at 631 Pennsylvania Ave., S.E. in a more prominent location on Capitol Hill less than a block from the Eastern Market Metro station.
The store, which describes itself on its website as a “queer owned and operated” independent bookstore that “celebrates LGBTQ+ authors and stories,” first opened in its previous location on 8th Street, S.E. in June 2022.
At that time it became the first D.C. LGBTQ bookstore since 2009, when the city’s famed Lamda Rising LGBTQ bookstore closed its doors after its owner Deacon McCubbin retired.
Little District Books owner, D.C. attorney Patrick Kern, said his main reason for moving was to find a larger space in which to provide a larger number of books and to host larger events. Among the events he said his store has hosted in the previous location were author book-signings and meetings of a number of book clubs.
“We started looking for somewhere that would allow us to do a lot more,” he told the Washington Blade. “So, in the old space we had like 2,800 different titles,” he said. “And in this new space we will be able to go up significantly. We are probably closer to 4200 titles at this point. We will likely get closer to 5000 next year.”
According to Kern, the old location was only about 700 square feet, with the new location providing nearly 2,000 square feet.
“We have a lot of plans,” Kern said. “We will launch a little café corner later this year, so we’ll have a more dynamic in-space experience,” he said. “We’re going to have a little tea counter where you can buy hot drinks” as well as cold non-alcoholic beverages, he said.
Kern has said Little District Books carries books that cover a wide range of topics and stories, both fiction and nonfiction.
“We have books by LGBT authors about LGBT topics. We have books by LGBT authors about non-LGBT topics,” he said. “And then I have LGBT stories that are written by non-LGBT people as well,” he told the Blade in a July 2023 interview.
He told the Blade last week that he was hopeful that the new location’s larger space, that will allow more and larger events and more books, will continue to prompt people to come into the store to buy their books rather than buy them through online sites where most books are now sold.
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