Thirty-four states, including Ohio, have HIV-specific assault laws.
"It's a national issue," Stamatakos said.
Thompson said he believes the law is unconstitutional "because it's about what you have to say." He portrayed it as a First Amendment issue.
Northern Kentucky University constitutional law professor Ken Katkin disagreed.
"Transmitting HIV to somebody involuntarily and without their knowledge is really wrongful conduct that has nothing to do with speech," he said.
It remains to be seen if the U.S. Supreme Court will take the case. It could come down to whether lower courts are split on the issue.
"An issue like this, where it probably could come up in a bunch of different courts, that makes it more likely that they would wait until there is actual disagreement between courts before they would take it," Katkin said.