Ohio Supreme Court Rules Disclosure Laws Constitutional

[Ptrk3]

From an Associated Press story (October 27, 2017):

"The Ohio Supreme Court on Thursday upheld the constitutionality of a law requiring HIV-infected individuals to tell sexual partners of their status before having sex or risk criminal charges.

The court's unanimous decision rejected a First Amendment challenge, finding that the law regulates conduct, not speech.


The state has a valid interest in curbing HIV transmission to sexual partners who may be unaware of the risk, said Justice Terrence O'Donnell.

The law's "treatment of individuals with knowledge of their HIV-positive status who fail to disclose that status to a sexual partner furthers the state interest here," O'Donnell wrote.

At issue before the court was the conviction of an Ohio man sent to prison in 2015 for failing to tell his girlfriend he had HIV after they started having sex..."

Full story:

http://time.com/5000303/ohio-supreme-court-ohio-hiv/

[leatherman]

and having sex without a partner being fully informed

sounds like his partner should be suing the OH education system for failing to properly educate on comprehensive medically-accurate sexual health care.

The ruling by the Justices has nothing to say about whether Batista was on treatment or U=U; nor does it talk about the responsibility R.S. had to protect her own health.

http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2017/2017-Ohio-8304.pdf
https://www.hivlawandpolicy.org/sites/default/files/State%20of%20Ohio%20v.%20Batista%20Amicus.pdf

the case may be of some import to another case coming up in the Hamilton Cty courts.
https://www.toledoblade.com/Courts/2017/10/26/Ohio-Supreme-Court-upholds-conviction-for-failing-to-disclose-HIV-status.html

Mr. Murdock allegedly engaged in unprotected sex with Ms. Klempner between June, 2011, and October, 2016. She became infected with the virus that causes AIDS.

http://www.toledoblade.com/Courts/2017/06/07/Toledo-man-facing-murder-charge-over-fatal-HIV-infection.html
Once again, no discussion of whether the HIV+ man was on successful treatment or what precautions his partner took to not be infected with HIV or any other STI.

Ms. Klempner’s son, Joshua, said before court Tuesday his mother suffered from Crohn’s disease and discovered she was HIV-positive after the medications she took for Crohn’s stopped working and she became ill.

Sadly Ms Klempner passed away feb 5, 2017, which seems quite soon after barely 5 yrs with the defendant.