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The Legislature’s Prerogative

Gary DeBaun has been charged under a Florida law that requires someone diagnosed with HIV to notify his or her partner of the diagnosis before having sex. Apparently he didn’t, and was arrested. But, he argues, Florida law also defines sex as contact between a man’s and a woman’s genitals, and his contact was with other men, not women. The case has made it all the way to the Florida Supreme Court, and spins around the “legal definition” of “sex”. “It’s the Legislature’s prerogatives to fill the gaps,” says DeBaun’s lawyer, Brian L. Ellison. “It’s not our place to change the terminology of the statute.” (RC/Florida Times-Union) ...The first expert witness called in the case: Bill Clinton.
Original Publication Date: 01 March 2015
This story is in True’s book collections, in Volume 21.

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