The Biden administration’s Justice Department has initiated legal action against Tennessee’s aggravated prostitution law concerning individuals with HIV, asserting that it violates the Americans with Disabilities Act (ADA). The law, enacted in 1991, imposes harsher penalties for engaging in prostitution while knowingly infected with HIV, transforming a misdemeanor into a felony. According to the Justice Department, the law is discriminatory as it heightens the crime solely based on HIV status, without considering any actual risk of harm.
Assistant Attorney General Kristen Clarke, from the Justice Department’s civil rights division, argues that individuals living with HIV should not face a distinct system of justice built on outdated science and misguided assumptions. The law subjects those convicted to up to 15 years in prison and a fine of up to $10,000, along with a mandatory lifetime registration as a “violent sex offender,” making Tennessee the only state with such a requirement.
The lawsuit cites the case of an anonymous, black, trans-identifying man who, after learning of his HIV status in 2008, was arrested in 2010 for prostitution near a church or school. The man, who pleaded guilty in 2012 to attempted aggravated prostitution, faces various challenges, including homelessness, difficulty finding employment, and restrictions on unsupervised visits with his nephew due to the conviction.
The Justice Department’s legal action demands the repeal of the law, the expungement of convictions made under it, and the removal of affected individuals from the sex offender registry. While the state attorney general’s office is aware of the complaint, it plans to review it. The Justice Department had previously warned Tennessee about the law in December, suggesting a potential lawsuit if enforcement persisted.
In recent weeks, Republican state lawmakers have proposed revisions to the law, aiming to eliminate the “violent sex offender” registration requirement for those engaged in prostitution with HIV. This legal challenge is part of a broader movement, with organizations like the American Civil Liberties Union and the Transgender Law Center filing federal lawsuits seeking the law’s elimination.