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Tennessee, the only state to indiscriminately label HIV-positive individuals engaged in sex work as lifetime "violent sex offenders," has come under scrutiny. The U.S. Department of Justice (DOJ) announced on Friday, asserting the state's outdated aggravated prostitution statute infringes on the Americans with Disabilities Act (ADA). An immediate cessation of enforcement has been demanded, or the state may be slapped with a court hearing.
Sharp Criticism from Civil Rights Advocates
For years, the LGBTQ community and civil rights defenders have derided the statute as prejudiced, lamenting that it places formidable barriers for labeled individuals seeking housing and employment. The American Civil Liberties Union and the Transgender Law Center, having begun a federal lawsuit to repeal the law earlier this year, are among the notable critics.
DOJ's Separated Proclamation
The DOJ's declaration on Friday stands apart from the existing lawsuit. The department has challenged the state to hold back enforcement of the law, expunge the convictions of those sentenced under the statute, and extract them from the sex offender registry. It's also been recommended that Governor Bill Lee initiate legislation to invalidate the law.
The ADA, a pivotal federal law since 1990, guards against discrimination against people with disabilities. HIV and AIDS, labeled as disabilities as they considerably curtail life activities, are covered within the ADA scope.
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The DOJ's Stand on the Matter
Making an ardent case against the law, Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division remarked, "Tennessee's aggravated prostitution law is outdated, has no basis in science, discourages testing, and further marginalizes people living with HIV." She further argued that it wasn't justified for HIV-positive people to be branded as lifelong violent sex offenders purely due to their condition.
The DOJ's letter, sent to Attorney General Jonathan Skrmetti, Tennessee Bureau of Investigation Director David Rausch, and Shelby County District Attorney Steven Mulroy, has spotlighted Shelby County, where the law is most allegedly enforced.
Responses from Local Officials
Through a spokesperson, Mulroy acknowledged the allegations, stating these relate to cases prior to his taking office in September 2022. He concurred with the DOJ's findings. The Tennessee investigation bureau, curtly admitting to a review of the letter, remains largely unresponsive to the DOJ's investigation.
The Punitive Background of the Law
The misdemeanor criminalization of prostitution has remained unchanged in Tennessee for quite a while. But 1991 saw a twist when the state legislators put into effect the aggravated prostitution statute, relating only to HIV-positive sex workers, in the wake of the increasingly panicked AIDS epidemic. This law, rebranded as a "violent sexual offense" in 2010, mandates lifetime sex offender registration for those convicted.
Today, more than 80 people are registered for aggravated prostitution in Tennessee, according to court documents. To those convicted, a lifetime sex offender registration is a nightmare, posing obstructions to personal, professional, and social life.
Ongoing Legal Actions
Plaintiffs who initiated a lawsuit to counter the law in October stated that the recent letter from the DOJ strengthened their resolve.
OUTMemphis, a nonprofit serving the LGBTQ community, partnered with four unidentified individuals to bring the lawsuit to court. OUTMemphis celebrated the DOJ's findings, with Executive Director Molly Quinn asserting, "We agree, and that's why we are suing to get the law struck down. Whether this issue is resolved informally or in court, it is long past time to end HIV criminalization."
If Tennessee's aggravated prostitution law traps you or someone you know, you must seek legal assistance. Reach out to legal experts who can offer appropriate counsel and support in this struggle against a law perceived as discriminatory.
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