gay sex

Mississippi Defies the 1st Amendment with “Freedom of Conscience” Law

On April 5 Mississippi Governor Phil Bryant signed into law H.B. 1523, a measure that received overwhelming approval in both houses of the state legislature.  Titled the “Protecting Freedom of Conscience From Government Discrimination Act,” the law was clearly intended to encourage businesses and individuals in the state to discriminate against same-sex couples, LGBT people, and even sexually-active unmarried heterosexuals.

Despite the broad wording of its title, the measure does not on its face protect … <Read More>

Florida Courts Disagree About Whether Sexual Intercourse Can Occur Without a Vagina

Is gay sex “sexual intercourse”?  I’m trying to be polite here, so I’ll speak clinically.  When a man takes another man’s penis in his mouth, or inserts his penis into another man’s anus, are they having “sexual intercourse”?  In Florida — and many other states — this remains a serious question of criminal law, even after Lawrence v. Texas decriminalized consensual gay sex, because Florida has a statute making it a crime for somebody who … <Read More>

Florida Appellate Courts Disagree About Whether “Sexual Intercourse” Includes Gay Sex

Does “sexual intercourse,” as the term is used in Florida Stat. 384.24(2) and 384.34(5), include anal or oral intercourse between men?  The sections in question make it a crime for a person who knows he is infected with HIV to engage in “sexual intercourse” with another person without disclosing this fact.  The 2nd and 5th Florida District Courts of Appeal disagree, and the 5th District has certified the question to the Florida Supreme Court to
… <Read More>