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.ās rectum or outside of and onto D.B.ās 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 Minnesotaās “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 Legislatureās 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.”
National
EXCLUSIVE: Rodrigo Heng-Lehtinen to step down from Advocates for Trans Equality
A4TE formed last year when two transgender rights groups merged

Advocates for Trans Equality Executive Director Rodrigo Heng-Lehtinen on Monday announced he will step down on April 30.
The Transgender Legal Defense and Education Fund and the National Center for Transgender Equality formed Advocates for Trans Equality last year when they merged. Heng-Lehtinen was previously NCTE’s executive director.
āNow that weāve made it through the merger, and A4TE is established as a new, prominent institution fighting hard for trans equality, itās time for me to take my next step,ā said Heng-Lehtinen in a press release that Advocates for Trans Equality sent exclusively to the Washington Blade. āWhen Andy (Hong Marra) and I began envisioning the merger, I committed to seeing it through. Iām proud that now our vision has been realized. A4TE has not just launched, but is fully up and running, delivering results for trans people around the country. With A4TE gaining momentum, Iām now ready to move on to my next chapter.ā
Heng-Lehtinen, whose mother is former Florida Congresswoman Ileana Ros-Lehtinen, in the press release stressed he “will be focusing on changing hearts and minds.”
“With my background in persuasion and messaging, itās where I can make the biggest difference, and what I feel called to return to in this era of anti-trans backlash,” said Heng-Lehtinen. “I will still be fighting shoulder-to-shoulder with everyone (in) the trans movement, simply in a different capacity.”
Marra, who is Advocates for Trans Equality’s CEO, praised Heng-Lehtinen and said the organization’s work will continue.
āWe thank Rodrigo for his years of dedicated leadership and service,ā said Marra. āA4TE will continue to deliver on our promise to advocate for the lives of trans people who need us now more than ever. We remain undaunted by our endeavor to ensure trans people and our families are no less than free and equal and treated with dignity and respect.āĀ
Louisiana Trans Advocates Executive Director Peyton Rose Michelle also praised Heng-Lehtinen.
“Rodrigo has been a steady hand and a bright light in this work,” she said. “He’s someone who shows up with integrity, kindness, and a deep commitment to meeting this political moment with courage. Iāve always felt deeply supported and heard by him, which is something I value deeply.ā
āI fully support him as he steps into this new chapter, and I know his clarity of vision and heart-forward leadership will keep shifting this landscape back toward justice for trans people, and therefore, all people,” added Michelle.

Pope Francis died on Monday at his official residence at the Vatican. He was 88.
Cardinal Kevin Farrell, the Vatican camerlengo, said Francis passed away at Casa Santa Marta at 7:35 a.m. local time (1:35 a.m. ET.)
“His entire life was dedicated to the service of the Lord and of his church,” said Farrell. “He taught us to live the values of the Gospel with fidelity, courage, and universal love, especially in favor of the poorest and most marginalized. With immense gratitude for his example as a true disciple of the Lord Jesus, we commend the soul of Pope Francis to the infinite merciful love of the one and triune God.”
Francis, a Jesuit who was previously known as Jorge Mario Bergoglio, was born in Buenos Aires to Italian immigrant parents in 1936. He became archbishop of the Argentine capital in 1998.
Pope John Paul II in 2001 appointed him cardinal. The College of Cardinals in 2013 elected Francis to succeed Pope Benedict XVI after he resigned.
Francis vehemently opposed Argentina’s marriage equality law that then-President Cristina FernĆ”ndez de Kirchner signed in 2010. Francis as pope backed civil unions for gays and lesbians and in 2023 said priests can bless same-sex couples.
Francis in 2023 said laws that criminalize homosexuality are “unjust.” He appointed Robert McElroy, an LGBTQ-friendly cardinal from San Diego, as the new archbishop of Washington.
The pontiff in 2015 met with a group of gay, transgender, and HIV-positive prisoners in the Italian city of Naples. A Vatican charity in 2020 gave money to a group of trans sex workers in Italy who were struggling to survive during the COVID-19 pandemic.
Francis last October met with a group of trans and intersex Catholics and LGBTQ allies at the Vatican. Church teachings on homosexuality andĀ gender identity, however, did not change under his papacy.
“From the early months of his papacy when he uttered the now-iconic ‘Who am I to judge?’ in response to a question about accepting gay priests, through numerous affirming pastoral messages to individual LGBTQ+ people, to his support for civil unions, and his condemnation of criminalization laws, Pope Francis has changed the church irreversibly by allowing people to see how their Catholic faith requires acceptance and equality,” said Francis DeBernardo, executive director of New Ways Ministry, a Mount Rainier, Md., based LGBTQ Catholic advocacy organization, in a statement.
DignityUSA Executive Director Marianne Duddy-Burke met Francis in 2023.
The group in a statement acknowledged the pontiff’s “legacy on LGBTQ+ issues is complicated,” noting “even with the recognition of so many positive words and actions, church teachings and even some recent Vatican documents remain problematic.ā DignityUSA President Meli Barber nevertheless praised Francis.
āWe also recognize that Pope Francis has raised awareness of LGBTQ+ issues in our church in truly unprecedented ways,” said Barber. “He spoke about us using our own terms and made a point of being seen meeting with LGBTQ+ people frequently. This sent a message of recognition and inclusion we never experienced from the Vatican before.ā
Pope’s legacy is ‘mixed’
Activists in Argentina and around the world also mourned Francis.
“We mourn his death and embrace the people who are suffering today because of his passing,” LGBT Federation of Argentina President MarĆa Rachid told the Washington Blade.
Dindi Tan, national president of LGBT Pilipinas in the Philippines, on her Facebook page wrote Francis “was unafraid to challenge age-old dogmas and to ‘rattle’ the cage.” Pedro Julio Serrano, president of the Puerto Rico LGBTQ+ Federation, said Francis was an “ally of equity, humanity and dignity of LGBTQ+ people, not only during his pontificate, but throughout his life.”
Peter Tatchell, a long-time LGBTQ activist from the U.K. who is director of the Peter Tatchell Foundation, in a statement acknowledged Francis’s “more compassionate tone towards sexual minorities” that includes blessings for same-sex couples. Tatchell, nevertheless, pointed out the Vatican under Francis’s papacy continued to oppose marriage equality and trans rights.
“The Catholic Church remains a force for discrimination and suffering,” said Tatchell. “Under his leadership, the Vatican continued to oppose same-sex marriage and trans rights. Catholic bishops lobbied against the decriminalization of homosexuality in many parts of the world. The Vatican still upholds the homophobic edicts of the Catechism, which denounces the sexual expression of same-sex love as a ‘grave depravity’ and ‘intrinsically disordered.’ Francis’s legacy is, therefore, a mixed one ā offering some progress but leaving deep-rooted inequalities largely intact.”
Vance met with Francis on Easter Sunday
Francis earlier this year spent more than a month in a Rome hospital after he developed double pneumonia. He met with Vice President JD Vance at the Vatican on Easter Sunday, hours before his death.
The pope had previously criticized the Trump-Vance administration over its immigration policies.
“I just learned of the passing of Pope Francis,” said Vance on X after the Vatican announced Francis’s death. “My heart goes out to the millions of Christians all over the world who loved him.”
I just learned of the passing of Pope Francis. My heart goes out to the millions of Christians all over the world who loved him.
I was happy to see him yesterday, though he was obviously very ill. But Iāll always remember him for the below homily he gave in the very early daysā¦
ā JD Vance (@JDVance) April 21, 2025
Argentine President Javier Milei, who previously criticized Francis, mourned him in a statement he posted to X. Milei also announced Argentina will observe seven days of mourning.
“It is with profound sorrow that I learned this sad morning that Pope Francis, Jorge Bergoglio, passed away today and is now resting in peace,” said Milei. “Despite differences that seem minor today, having been able to know him in his goodness and wisdom was a true honor for me.”
“As president, as an Argentine, and, fundamentally, as a man of faith, I bid farewell to the Holy Father and stand with all of us who meet today with this sad news,” he added.
ADIĆS
Con profundo dolor me entero esta triste maƱana que el Papa Francisco, Jorge Bergoglio, falleció hoy y ya se encuentra descansando en paz. A pesar de diferencias que hoy resultan menores, haber podido conocerlo en su bondad y sabidurĆa fue un verdadero honor para mĆ.⦠pic.twitter.com/3dPPFoNWBr— Javier Milei (@JMilei) April 21, 2025
U.S. Federal Courts
Federal judge blocks Trump passport executive order
State Department can no longer issue travel documents with ‘X’ gender markers

A federal judge on Friday ruled in favor of a group of transgender and nonbinary people who have filed a lawsuit against President Donald Trump’s executive order that bans the State Department from issuing passports with “X” gender markers.
The Associated Press notes U.S. District Judge Julia Kobick in Boston issued a preliminary injunction against the directive. The American Civil Liberties Union, which represents the plaintiffs, in a press release notes Kobick concluded Trump’s executive order “is likely unconstitutional and in violation of the law.”
“The preliminary injunction requires the State Department to allow six transgender and nonbinary people to obtain passports with sex designations consistent with their gender identity while the lawsuit proceeds,” notes the ACLU. “Though todayās court order applies only to six of the plaintiffs in the case, the plaintiffs plan to quickly file a motion asking the court to certify a class of people affected by the State Department policy and to extend the preliminary injunction to that entire class.”
Former Secretary of State Antony Blinken in June 2021 announced the State Department would begin to issue gender-neutral passports and documents for American citizens who were born overseas.
Dana Zzyym, an intersex U.S. Navy veteran who identifies as nonbinary, in 2015 filed a federal lawsuit against the State Department after it denied their application for a passport with an āXā gender marker. Zzyym in October 2021 received the first gender-neutral American passport.
The State Department policy took effect on April 11, 2022. Trump signed his executive order shortly after he took office in January.
Germany, Denmark, Finland, and the Netherlands are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S.
āThis ruling affirms the inherent dignity of our clients, acknowledging the immediate and profound negative impact that the Trump administration’s passport policy would have on their ability to travel for work, school, and family,ā said ACLU of Massachusetts Legal Director Jessie Rossman after Kobick issued her ruling.
āBy forcing people to carry documents that directly contradict their identities, the Trump administration is attacking the very foundations of our right to privacy and the freedom to be ourselves,” added Rossman. “We will continue to fight to rescind this unlawful policy for everyone so that no one is placed in this untenable and unsafe position.ā
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