Politics
Gay Iowa man denied relief under HIV-criminalization law
Court rules Rhoades could have infected partner through unprotected oral sex

The Iowa Court of Appeals ruled that a gay Iowa man was at risk of infecting his partner through unprotected oral sex. (image via wikimedia).
A gay HIV-positive man in Iowa was unable Wednesday to obtain relief from his conviction under a state HIV criminalization law because he received unprotected oral sex while withholding his HIV status.
In a 3-0 ruling, the Iowa Court of Appeals ruled Nick Rhoades is ineligible for post-conviction relief because he may have transmitted HIV to his sexual partner in 2008 through oral sex. Judge Richard Doyle wrote the opinion.
“Sexual intercourse may be committed through oral sex, and oral sex is a well-recongized means of transmission of HIV,” Doyle writes. “The person exposed to HIV need not become infected with the virus in order for the infected person to be prosecuted under section 709C.1(4).”
In 2008, Rhoades had a one-night-stand with Adam Plendi. After meeting online at Gay.com, Rhoades went to Plendi’s home in Cedar Falls and the two had consensual sex. Rhoades received unprotected oral sex, and then the two had protected anal sex in which Plendi was the receptive partner. Rhoades is HIV-positive, but didn’t disclose that information to Plendi, who wasn’t infected by the encounter.
After later learning that Rhoades is HIV-positive, Plendi contacted the police, who charged Rhoades with criminal transmission of HIV. Under advice from his attorney, Rhoades pled guilty to the charges and was given the maximum sentence of 25 years in prison and classified as a sex offender. Several months later the court reconsidered the decision, suspended Rhoades’ prison sentence and placed him on supervised probation for five years.
In March 2010, Lambda Legal on behalf of Rhoades applied for post-conviction relief, arguing his attorney who advised him to plead guilty had failed to inform him of the specifics of the statute. Rhoades contended he didn’t violate the law because the anal sex was protected and during oral sex he didn’t intend to ejaculate.
In December 2011, the district court denied the application. The court of appeals decision on Wednesday affirmed that denial.
“[T]hat Rhoades may not have ejaculated during the unprotected oral sex is irrelevant,” the decision states. “Here, the minutes of testimony unequivocally establish Rhoades engaged in unprotected oral sex with A.P., and consequently, Rhoades’s claim that he did not ejaculate provides no support to his argument there was a lack of a factual basis regarding the ‘intent element’ of ‘intimate contact.’ We therefore conclude a factual basis existed to support Rhoades’s plea of guilty.”
The general consensus of research indicates while HIV infection through unprotected oral sex is possible, it’s extremely unlikely. According to the website for the Minnesota AIDS Project, the risk of HIV transmission is very low because the mouth is an unfriendly environment for HIV.
“Saliva contains enzymes that break down the virus and the mucous membranes in the mouth are more protective than anal or vaginal tissue,” the website states. “There are a few documented cases where it appears that HIV was transmitted orally and those cases are attributed to ejaculation into the mouth.”
The website for the Centers for Disease Control says “it is possible” to infect someone with HIV through performing or receiving oral sex and there have been a few reported cases of transmission, but it’s a less common mode of transmission than anal and vaginal sex.
Christopher Clark, Lambda’s senior staff attorney, said his organization is “extremely disappointed” because the conviction is the result of “a misinterpretation of the plain language of the statute.”
“Someone who engages in safe sex, as Nick did, does not have the intent required to support a conviction under Iowa’s law concerning the criminal transmission of HIV,” Clark said.
Clark said Lambda is reviewing possible options with Rhoades in the aftermath of the ruling, which includes a potential appeal to the Iowa Supreme Court.
According to Lambda, 39 states have HIV-specific criminal statutes or have brought HIV-related criminal charges, resulting in more than 160 prosecutions in the United States in the past four years. The laws have been criticized for creating a disincentive for HIV testing and potentially discouraging the disclosure of HIV status.
Scott Schoettes, HIV Project Director for Lambda Legal, said the court decision demonstrates the harm of HIV-criminalization laws.
“This decision is another example of how our outdated perceptions of and misunderstandings about HIV are still driving public policy, leading to horrifying criminal penalties for the person living with HIV, even in situations where no harm was intended or actually occurred,” Schoettes said.
Sean Strub, a native Iowan and founder of POZ Magazine, said the court decision is based on “misconceptions” over HIV transmission.
“There’s never been a documented, proven case where HIV was transmitted through anal sex from someone known to have an undectable viral load, let alone oral sex as was under consideration in this ruling,” Strub said. “It hasn’t even been established for certain that HIV is ever transmitted through oral sex, even when a person has a detectable viral load, except when there are open sores or other extreme circumstances.”
Legislation is pending before the Iowa Legislature that would modify the state’s HIV criminalization law. It passed the Iowa State Senate Judiciary Committee last year by an 11- 2 vote with bi-partisan support. Strub said he’s hopeful in this next legislative session the bill will pass and be signed into law by Gov. Terry Branstad.
Congress
Van Hollen speaks at ‘ICE Out for Good’ protest in D.C.
ICE agent killed Renee Nicole Good in Minneapolis on Jan. 7
U.S. Sen. Chris Van Hollen (D-Md.) is among those who spoke at an “ICE Out for Good” protest that took place outside U.S. Customs and Border Protection’s headquarters in D.C. on Tuesday.
The protest took place six days after a U.S. Immigration and Customs Enforcement agent shot and killed Renee Nicole Good, a 37-year-old woman in Minneapolis.
Good left behind her wife and three children.
(Video by Michael K. Lavers)
Congress
Advocates say MTG bill threatens trans youth, families, and doctors
The “Protect Children’s Innocence” Act passed in the House
Georgia Congresswoman Marjorie Taylor Greene has a long history of targeting the transgender community as part of her political agenda. Now, after announcing her resignation from the U.S. House of Representatives, attempting to take away trans rights may be the last thing she does in her official capacity.
The proposed legislation, dubbed “Protect Children’s Innocence Act” is among the most extreme anti-trans measures to move through Congress. It would put doctors in jail for up to 10 years if they provide gender-affirming care to minors — including prescribing hormone replacement therapy to adolescents or puberty blockers to younger children. The bill also aims to halt gender-affirming surgeries for minors, though those procedures are rare.
Greene herself described the bill on X, saying if passed, “it would make it a Class C felony to trans a child under 18.”
According to KFF, a nonpartisan source for health policy research, polling, and journalism, 27 states have enacted policies limiting youth access to gender-affirming care. Roughly half of all trans youth ages 13–17 live in a state with such restrictions, and 24 states impose professional or legal penalties on health care practitioners who provide that care.
Greene has repeatedly introduced the bill since 2021, the year she entered Congress, but it failed to advance. Now, in exchange for her support for the National Defense Authorization Act, the legislation reached the House floor for the first time.
According to the 19th, U.S. Rep. Sarah McBride (D-Del.), the first trans member of Congress, rebuked Republicans on the Capitol steps Wednesday for advancing anti-trans legislation while allowing Affordable Care Act tax credits to expire — a move expected to raise health care costs for millions of Americans.
“They would rather have us focus in and debate a misunderstood and vulnerable one percent of the population, instead of focusing in on the fact that they are raiding everyone’s health care,” McBride said. “They are obsessed with trans people … they are consumed with this.”
Polling suggests the public largely opposes criminalizing gender-affirming care.
A recent survey by the Human Rights Campaign and Global Strategy Group found that 73 percent of voters in U.S. House battleground districts oppose laws that would jail doctors or parents for providing transition-related care. Additionally, 77 percent oppose forcing trans people off medically recommended medication. Nearly seven in 10 Americans said politicians are not informed enough to make decisions about medical care for trans youth.
The bill passed the House and now heads to the U.S. Senate for further consideration.
According to reporting by Erin Reed of Erin In The Morning, three Democrats — U.S. Reps. Henry Cuellar and Vicente Gonzalez of Texas and Don Davis of North Carolina — crossed party lines to vote in favor of the felony ban, joining 213 Republicans. A total of 207 Democrats voted against the bill, while three lawmakers from both parties abstained.
Advocates and lawmakers warned the bill is dangerous and unprecedented during a multi-organizational press call Tuesday. Leaders from the Human Rights Campaign and the Trevor Project joined U.S. Rep. Becca Balint (D-Vt.), Dr. Kenneth Haller, and parents of trans youth to discuss the potential impact of restrictive policies like Greene’s — particularly in contrast to President Donald Trump’s leniency toward certain criminals, with more than 1,500 pardons issued this year.
“Our MAGA GOP government has pardoned drug traffickers. They’ve pardoned people who tried to overthrow the government on January 6, but now they want to put pediatricians and parents into a jail cell for caring for their kids,” said Human Rights Campaign President Kelley Robinson. “No one asked for Marjorie Taylor Greene or Dan Crenshaw or any politician to be in their doctor’s office, and they should mind their own business.”
Balint, co-chair of the Congressional Equality Caucus, questioned why medical decisions are being made by lawmakers with no clinical expertise.
“Parents and doctors already have to worry about state laws banning care for their kids, and this bill would introduce the risk of federal criminal prosecution,” Balint said. “We’re talking about jail time. We’re talking about locking people up for basic medical care, care that is evidence-based, age-appropriate and life-saving.”
“These are decisions that should be made by doctors and parents and those kids that need this gender-affirming care, not certainly by Marjorie Taylor Greene.”
Haller, an emeritus professor of pediatrics at St. Louis University School of Medicine, described the legislation as rooted in ideology rather than medicine.
“It is not science, it is just blind ideology,” Haller said.
“The doctor tells you that as parents, as well as the doctor themselves, could be convicted of a felony and be sentenced up to 10 years in prison just for pursuing a course of action that will give your child their only chance for a happy and healthy future,” he added. “It is not in the state’s best interests, and certainly not in the interests of us, the citizens of this country, to interfere with medical decisions that people make about their own bodies and their own lives.”
Haller’s sentiment is echoed by doctors across the country.
The American Medical Association, the nation’s largest organization that represents doctors across the country in various parts of medicine has a longstanding support for gender-affirming care.
“The AMA supports public and private health insurance coverage for treatment of gender dysphoria and opposes the denial of health insurance based on sexual orientation or gender identity,” their website reads.
Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns at the Trevor Project, agreed.
“In Marjorie Taylor Greene’s bill [it] even goes so far as to criminalize and throw a parent in jail for this,” Heng-Lehtinen said. “Medical decisions should be between patients, families, and their doctors.”
Rachel Gonzalez, a parent of a transgender teen and LGBTQ advocate, said the bill would harm families trying to act in their children’s best interests.
“No politician should be in any doctor’s office or in our living room making private health care decisions — especially not Marjorie Taylor Greene,” Gonzalez said. “My daughter and no trans youth should ever be used as a political pawn.”
Other LGBTQ rights activists also condemned the legislation.
Tyler Hack, executive director of the Christopher Street Project, called the bill “an abominable attack on the transgender community.”
“Marjorie Taylor Greene’s last-ditch effort to bring her 3-times failed bill to a vote is an abominable attack on the transgender community and further cements a Congressional career defined by hate and bigotry,” they said. “We are counting down the days until she’s off Capitol Hill — but as the bill goes to the floor this week, our leaders must stand up one last time to her BS and protect the safety of queer kids and medical providers. Full stop.”
Hack added that “healthcare is a right, not a privilege” in the U.S., and this attack on trans healthcare is an attack on queer rights altogether.
“Marjorie Taylor Greene has no place in deciding what care is necessary,” Hack added. “This is another attempt to legislate trans and queer people out of existence while peddling an agenda rooted in pseudoscience and extremism.”
U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus, also denounced the legislation.
“This bill is the most extreme anti-transgender legislation to ever pass through the House of Representatives and a direct attack on the rights of parents to work with their children and their doctors to provide them with the medical care they need,” Takano said. “This bill is beyond cruel and its passage will forever be a stain on the institution of the United States Congress.”
The bill is unlikely to advance in the Senate, where it would need 60 votes to pass.
Politics
LGBTQ Democrats say they’re ready to fight to win in 2026
DNC winter meetings took place last weekend in Los Angeles
The Democratic National Committee held its annual winter meetings in Downtown Los Angeles over the weekend, and queer Democrats showed up with a clear message for the national organization: don’t abandon queer and transgender people.
Following last year’s disastrous presidential and congressional elections, many influential pundits and some powerful lawmakers called on Democrats to distance the party from unpopular positions on trans rights, in order to win swing districts by wooing more conservative voters.
But members of the DNC’s LGBTQ Caucus say that’s actually a losing strategy.
“There are still parts of our party saying we need to abandon trans people in order to win elections, which is just not provable, actually. It’s just some feelings from some old consultants in DC,” LGBTQ Caucus Chair Sean Meloy says.
Some national Democrats are already backtracking from suggestions that they walk back on trans rights.
California Gov. Gavin Newsom grabbed national attention in March when he suggested that it was “deeply unfair” for trans girls to play in women’s sports. But last week, he doubled down on support for trans rights, claiming to have signed more trans-rights legislation than any governor in the country, and entering into feuds on X with Elon Musk and Nicki Minaj over his support for trans kids.
Democrats are also clearly feeling the wind in their sails recently after major election victories in Virginia and New Jersey last month, as well as victories in dozens of local and state legislative elections across the country in 2025.
“[Abigail] Spanberger in Virginia didn’t win by dodging the trans question. She won by attacking it, confronting it, and that’s how she got ahead,” says Vivian Smotherman, a trans activist and at-large member of the DNC’s LGBTQ Caucus.
“Trans people are not a problem. We are a resource,” Smotherman says. “For my community, surviving into adulthood is not a guarantee, it’s an accomplishment. You don’t walk through a survival gauntlet without learning things … I’m not begging the DNC to protect my community. I’m here to remind you that we are the warriors tempered by fire, and we are fully capable of helping this party win.”
At its own meeting on Friday, the LGBTQ Caucus announced several new initiatives to ensure that queer and trans issues stay top of mind for the DNC as it gears up for the midterm elections next year.
One plan is to formalize the DNC’s Trans Advisory Board as distinct from the LGBTQ Caucus, to help introduce candidates across the country to trans people and trans issues.
“One in three people in this country know a trans person. Two-thirds of Americans don’t think they do,” Smotherman says. “So the real problem is not being trans, it’s that you don’t know us. You cannot authentically support a trans person if you’ve never met one.
“That’s why my first goal with this Trans Advisory Board is to host a monthly Meet a Trans Person webinar. Not as a spectacle, as a debate, but as a human connection, and I will be charging every state chair with asking every one of their candidates up and down the board if they know a trans person. And if that person doesn’t know a trans person, I’m gonna have that state chair put them on that webinar.”
The LGBTQ caucus is also opening up associate membership to allies who do not identify as LGBTQ, in order to broaden support and connections over queer issues.
It’s also preparing for the inevitable attacks Republicans will throw at queer candidates and supporters of LGBTQ issues.
“These attacks are going to come. You have to budget money proactively. You have to be ready to fight,” Meloy says. “There are some local party chairs who don’t want to recruit LGBTQ candidates to run because these issues might come up, right? That’s an absolutely ludicrous statement, but there are still people who need support in how to be ready and how to respond to these things that inevitably come.”
“The oldest joke is that Democrats don’t have a spine. And when they come after us, and we do not reply, we play right into that.”
Meloy also alluded to anti-LGBTQ tropes that queer people are out to harm children, and said that Democrats should be prepared to make the case that it’s actually Republicans who are protecting child abusers – for example, by suppressing the Epstein files.
“They are weak on this issue. Take the fight, empower your parties to say, ‘These people have nothing to stand on,’” Meloy says.
-
U.S. Supreme Court3 days agoSupreme Court hears arguments in two critical cases on trans sports bans
-
Photos5 days agoPHOTOS: ‘ICE Out For Good’ Sunday protests
-
Virginia5 days agoMark Levine running in ‘firehouse’ Democratic primary to succeed Adam Ebbin
-
Arts & Entertainment5 days agoTeyana Taylor, Erin Doherty have big night at Golden Globes
