DOJ: Tennessee’s HIV Prostitution Law breaches ADA
The Department of Justice Challenges Tennessee’s Aggravated Prostitution Law for People with HIV
The Department of Justice (DOJ) made a bold statement last week, declaring that Tennessee’s aggravated prostitution law for individuals with HIV is not only discriminatory but also in violation of the Americans with Disabilities Act (ADA). The DOJ warned that if the state continues to enforce this law, it could face a lawsuit.
In a press release on December 1, the DOJ emphasized that Tennessee’s long-standing prostitution law unfairly imposes harsher penalties on individuals with HIV solely because of their health status, thus blatantly disregarding the principles of the ADA.
It is worth noting that this announcement coincided with World AIDS Day, a global initiative dedicated to raising awareness about the AIDS pandemic.
The specific law in question elevates the offense of prostitution from a misdemeanor to a felony if the person engaging in sexual activity for profit is aware of their HIV-positive status or is an inmate in a house of prostitution or loiters in public places for the purpose of solicitation.
Furthermore, Tennessee’s law, enacted in 1991, mandates that individuals convicted of engaging in prostitution while HIV-positive must register as “violent sex offenders” for life.
This means that instead of facing a mere six-month sentence for a misdemeanor charge, those convicted face up to 15 years in prison for a felony charge.
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The DOJ specifically called out the Shelby County District Attorney’s Office and Tennessee’s Bureau of Investigation for their frequent enforcement of this prostitution law in the Memphis area. Residents of Memphis have recently voiced concerns about the encroachment of prostitution and drug use in their neighborhoods.
Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division strongly criticized Tennessee’s aggravated prostitution law, stating that it is outdated, lacks scientific basis, discourages testing, and further marginalizes individuals living with HIV.
In October, the American Civil Liberties Union and the Transgender Law Center also took legal action by filing a federal lawsuit against the law, seeking its complete elimination.
The lawsuit argues that the differential treatment of individuals living with HIV is a remnant of the prejudiced response to the AIDS epidemic and perpetuates the marginalization of Black cisgender and transgender women who bear the brunt of the law’s requirements.
Rebecca Bond, chief of the DOJ’s Disability Rights Section, emphasized in a letter to Tennessee officials that significant progress has been made in understanding and treating HIV since 1991. She highlighted that the beliefs and assumptions surrounding HIV transmission and its implications are outdated and unfounded.
Why do advocacy groups argue that Tennessee’s law perpetuates stigma and discrimination against people living with HIV?
Gaging in aggravated prostitution must register as sex offenders. This registration requirement does not apply to individuals who engage in non-aggravated prostitution. The DOJ argues that this distinction is arbitrary and unfair, as it targets and stigmatizes individuals with HIV, violating their rights under the ADA.
According to the DOJ’s Civil Rights Division Assistant Attorney General, Kristen Clarke, “Tennessee’s aggravated prostitution law discriminates against individuals with HIV/AIDS, subjecting them to harsher penalties based solely on their medical condition. Singling out individuals with disabilities for heightened punishment violates the ADA, which aims to protect individuals from discrimination based on their disability status.”
Several advocacy groups, including the ACLU and Human Rights Campaign, have voiced their support for the DOJ’s stance. They argue that this law perpetuates stigma and discrimination against people living with HIV and undermines efforts to address the AIDS epidemic.
In response to the DOJ’s announcement, Tennessee Attorney General Herbert Slatery III defended the state’s law, stating that it is intended to protect public health. However, critics argue that this law does not contribute to public health and, in fact, impedes efforts to prevent the spread of HIV. They argue that criminalizing individuals with HIV discourages them from getting tested, seeking treatment, or disclosing their status, thus exacerbating the problem.
The DOJ’s statement is a significant step towards addressing the discriminatory treatment of individuals with HIV and advocating for their rights. The department’s warning that Tennessee could face legal action is a strong message to other states with similar laws that discriminate against people with disabilities. This move aligns with the Biden administration’s commitment to civil rights and equality for all Americans.
The DOJ’s challenge to Tennessee’s aggravated prostitution law for individuals with HIV is an important development in the fight against discrimination and stigma. It highlights the need for states to re-evaluate their laws and policies to ensure they comply with the principles of the ADA and promote inclusivity. As the AIDS pandemic continues to affect millions of people worldwide, it is crucial that laws and regulations are grounded in science, compassion, and respect for the rights of all individuals.
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