Tag Archives: florida supreme court

Florida high court to define ‘sexual intercourse’ in HIV case

The Florida Supreme Court is considering the definition of sexual intercourse in a case involving a gay man charged with not letting a partner know he was HIV-positive.

Arguments were held on Feb. 4 in the case involving Gary Debaun, who is trying to have a charge dismissed under a 1986 law designed to prevent the spread of the human immunodeficiency virus.

Lawyers for Debaun argue that the law says it’s illegal not to disclose an HIV infection before “sexual intercourse,” but that the definition in Florida applies only to traditional sex between a man and a woman — not two men.

A lower-court judge dismissed the charge against Debaun, but an appeals court reinstated it, saying the law was clearly intended to include other sexual activity with a risk of transmitting the virus.

Lesbian custody case argued before Florida Supreme Court

The Florida Supreme Court has heard arguments in a child custody dispute between two women.

But lawyers on both sides say the case is unlikely to affect other couples, gay or straight.

The justices on Oct. 2 also raised the possibility of returning it to trial court to resolve a potential factual dispute over a consent form. It was signed by one partner, the genetic mother, who donated an egg that was fertilized and implanted in the other woman.

The couple separated two years after the child was born.

A trial court granted custody to the woman who gave birth, citing a state law that says donors relinquish parental rights.

An appellate court ruled both women should have parental rights because the genetic mother wasn’t a donor as contemplated by the law.