SCOTUS, in Lawrence, found a right to privacy and essentially said that mutually consenting adults in private can do what they want.
At the time, many advocates of privacy said there was no state interest in people's bedrooms. Among others, I pointed out that there are health issues about which the state should be allowed to legislate. This is one of those instances that has come up.
Here's the law in Ohio and the rationale for its enactment. And an example of why it's necessary.
Seven years ago, Ohio lawmakers created a law aimed at prostitutes who solicit sex knowing that they are HIV positive. The offense is a felony, as opposed to simple solicitation, which is a misdemeanor. A similar law is aimed at HIV-positive people who solicit prostitutes for sex.
There is a good summary of the rationale here:
Under ordinary circumstances, a person's medical condition should be confidential, but not in a case where that condition is used as a weapon. When a person is accused of committing a crime by engaging in behavior that poses a public risk, the public has a right to know about that risk. As Cincinnati Police Capt. Paul Humphries told the Enquirer, when the public safety is at risk, the right to privacy ends.
What gets done in the privacy of some bedrooms is extremely deadly behavior that can make infection in the community a real concern.
Legislatures should be allowed to control these things.
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This world is very sick. Reading scriptures against homosexuality from the bible is a 'hate crime'. But having sex with an unsuspecting person when you KNOW that you have HIV/AIDS is not a hate crime.