I have some surprising news for my homosexual ERV readers: In the state of Florida, youre all virgins!
The judges found that because the law referenced ‘sexual intercourse’ that it could only be applied to heterosexual activity since intercourse is only defined as “the penetration of the female sex organ by the male sex organ.”
Why the hell am I writing about this? Some stupid backwater judge or politician trying to regulate sex? Nope…
Because the wording of this law is being used to overturn convictions of individuals who did not disclose their HIV+ status to their sexual partners:
An appellate court in Florida has ruled that the state’s HIV disclosure law can only be used to charge heterosexuals, saying that the law does not apply in the case of a woman accused of having sex with another woman but failing to disclose her HIV-positive status.
The judges found that because the law referenced ‘sexual intercourse’ that it could only be applied to heterosexual activity since intercourse is only defined as “the penetration of the female sex organ by the male sex organ.” They overturned the woman’s conviction.
The ruling has already had an impact on a case in Treasure Island, where the Pinellas-Pasco State Attorneys office threw out a case against a gay man charged with failing to disclose his HIV-positive status to his partner of four years.
So, if I have sex with a guy who does not disclose his +status and he infects me with HIV-1, I can have him criminally prosecuted.
If a man has sex with the exact same guy and is infected with HIV-1, he is SOL.
And vice-versa, guys are protected from chicks, but Im not protected from chicks. At least in Florida.
You know, its real cute when radical religious politicians step up to their church pulpits to talk about how awesome heterosexuals are, but for them to either purposefully or carelessly prevent homosexuals from having the same protection under the law, in a life-and-death/life altering situation like HIV-1 infection, is shockingly low, even for them.
This law in Florida needs to be changed ASAP.