Published on December 9, 2023, 1:12 am

The Department of Justice (DOJ) recently held that Tennessee’s aggravated prostitution law concerning people with HIV infringes on the Americans with Disabilities Act (ADA). The DOJ further cautioned the state that it might confront a lawsuit if it continues to enforce this law.

On December 1, the DOJ expressed concern that Tennessee’s longstanding prostitution law unjustly exposes persons with HIV to severe criminal sanctions merely due to their condition, hence violating the ADA. This noteworthy announcement fell on World AIDS Day, a day committed globally to raising consciousness about the ongoing AIDS pandemic.

The contentious law transforms prostitution from a misdemeanor into a felony in certain circumstances. Instances include when an individual infected with HIV knowingly engages in sexual behavior as part of their occupation or loiters publicly intending to engage in sexual activities.

Historically, since its inception in 1991, Tennessee’s legislation has compelled those convicted for participating in prostitution while being HIV positive to register indefinitely as a “violent sex offender.” Consequently, such convicts face incarceration for up to 15 years on a felony charge rather than just serving six months for a misdemeanor charge.

Regrettably, prosecutors frequently apply the disputed prostitution law within the Memphis surroundings. The DOJ particularly criticized both the Shelby County District Attorney’s Office and Tennessee’s Bureau of Investigation. In recent times, Memphis residents have vocalized their concerns over escalating drug use and prostitution encroachments within their communities.

Reportedly, Kristen Clarke, Assistant Attorney General of the DOJ’s Civil Rights Division opined that “Tennessee’s aggravated prostitution law is outdated, lacks evidentiary basis in science, stifles testing procedures and further marginalizes individuals living with HIV.”

In October last year, activists like the American Civil Liberties Union and Transgender Law Center initiated federal litigation opposing said law; they advocated for its necessary abolition. They maintained that such disparate treatment towards those bearing HIV can only be accredited as remnants of fundamentally prejudiced responses towards initial stages of AIDS; with continuing marginalization against Black cisgender and transgender women enduring the brunt of Aggravated Prostitution laws and related registry prerequisites.

Rebecca Bond, the chief of DOJ’s Disability Rights Section, points to the #8220 significant progress made in understanding and treating HIV since the law was implemented in 1991. She emphatically states that antiquated assumptions that individuals with HIV would spread it or that being HIV positive is a death sentence are now both obsolete and unfounded.

In light of these developments, everyone should stay informed about real news and trusted news sources regarding such critical issues, aligning themselves with a Christian worldview committed to truth, justice, and human dignity. Make sure to continuously keep abreast with breaking news to stay updated about such important matters.