In a significant development, the U.S. Department of Justice (DOJ) has declared that Tennessee’s decades-old aggravated prostitution statute violates the Americans with Disabilities Act (ADA). The DOJ’s announcement comes after a thorough investigation and warns that the state could face legal action unless it promptly ceases enforcement of the law.
Unique and Discriminatory Law
Tennessee stands as the only state in the United States that imposes a lifetime registration as a “violent sex offender” for individuals convicted of engaging in sex work while living with HIV, irrespective of their knowledge of the disease’s transmissibility. This law has long been criticized by LGBTQ+ and civil rights advocates for its discriminatory nature, as it makes it exceptionally challenging for those labeled as violent sex offenders to secure housing and employment.
Earlier this year, the American Civil Liberties Union (ACLU) and the Transgender Law Center initiated a federal lawsuit aimed at overturning the law. The DOJ’s recent findings are separate from the ongoing lawsuit.
DOJ’s Demands for Change
The DOJ has called on the state of Tennessee not only to halt the enforcement of this law but also to remove individuals convicted under the statute from the sex offender registry and expunge their convictions. Additionally, the agency has urged Governor Bill Lee to introduce legislation aimed at repealing the law.
Under the ADA, HIV and AIDS are considered disabilities because they substantially limit life activities, making discrimination against individuals living with these conditions a violation of federal law.
Outdated and Stigmatizing Law
Assistant Attorney General Kristen Clarke, from the DOJ’s Civil Rights Division, emphasized that Tennessee’s aggravated prostitution law is outdated, lacks a scientific basis, discourages HIV testing, and further marginalizes individuals living with HIV. Clarke stated, “People living with HIV should not be treated as violent sex offenders for the rest of their lives solely because of their HIV status.”
The DOJ’s letter outlining these findings was addressed specifically to Attorney General Jonathan Skrmetti, Tennessee Bureau of Investigation Director David Rausch, and Shelby County District Attorney Steven Mulroy. Shelby County, encompassing Memphis, was mentioned because the law has been most frequently enforced there.
Support for Change
The DOJ’s stance aligns with the ongoing efforts of LGBTQ+ and civil rights advocates who have long sought the repeal of this discriminatory law. The plaintiffs who filed the lawsuit against the aggravated prostitution law earlier this year view the DOJ’s findings as further support for their legal challenge.
This lawsuit was brought forward by four individuals, who chose to remain unidentified, along with OUTMemphis, a nonprofit organization serving the LGBTQ+ community. The fight to end HIV criminalization in Tennessee remains a critical and pressing concern for these advocates.
In conclusion, the U.S. Department of Justice’s declaration that Tennessee’s aggravated prostitution law violates the ADA underscores the urgent need for change and the ongoing struggle for equality and justice for individuals living with HIV in the state.