Culture February 17,2024 | Holland McKinnie

Tennessee HIV Law Under Fire From Biden DOJ

Joe Biden’s Department of Justice (DOJ) has taken a shocking step against the people of the State of Tennessee, challenging the legislature’s aggravated prostitution law as it applies to individuals with HIV. A new federal lawsuit filed on Thursday has already parked a contentious debate on the balance between public health concerns and civil rights.

Tennessee’s law has occasionally been criticized by progressives and leftists for its harsh penalties on prostitutes living with HIV. However, the new lawsuit is the first such legal challenge mounted against the statute since it was enacted in the early 1990s. The DOJ alleges the Tennessee law violates the federal Americans with Disabilities Act (ADA), which was enacted in 1990.

The DOJ alleges that Tennessee’s enforcement of its aggravated prostitution statute unlawfully discriminates against individuals based on their HIV status. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division emphasized, “People living with HIV should not be subjected to a different system of justice based on outdated science and misguided assumptions.” This statement highlights the crux of the DOJ’s argument — that Tennessee’s law is not only discriminatory but also grounded in “obsolete perceptions” of HIV.

Tennessee’s statute raises a misdemeanor charge to a felony for those who, knowing they are infected with HIV, engage in illegal prostitution as a business. This has severe implications, with convicted individuals facing up to 15 years in prison and a $10,000 fine, compared to the misdemeanor’s maximum penalty of six months in jail and a $500 fine. Furthermore, the requirement for life-long registration as a listed offender for those convicted under this law stands out as uniquely punitive, making Tennessee the only state with such a mandate.

Critics argue that these measures are excessively harsh and fail to consider the significant advances in HIV treatment and understanding over the past few decades. The law, they claim, perpetuates stigma and discrimination against people living with HIV, undermining efforts to treat and prevent the disease effectively. In contrast, supporters of Tennessee’s law argue for the necessity of strict measures to deter behavior that could potentially spread HIV, which remains a dangerous infectious disease. 

 

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