Trans sex worker & ACLU sue Tennessee over HIV criminalization law

The American Civil Liberties Union (ACLU) and the Transgender Law Center have filed a federal lawsuit against a Tennessee law that requires HIV-positive sex workers to register for life as a “violent sex offender.”

The aforementioned advocacy organizations filed the lawsuit on behalf of the state LGBTQ+ advocacy groups OUTMemphis and four “Jane Doe” plaintiffs who were convicted under the law. The plaintiffs, which include a transgender woman, allege that they have faced discrimination and life struggles because of their violent sex offender status. These struggles have forced the trans woman to continue doing sex work, since finding a job can be difficult for someone on the registry.

Related:

New HIV infections dropped since 2021, according to CDC data

Despite the progress, racial disparities remain.

Another plaintiff said that they were sent back to jail after violating the registry’s requirements. The plaintiffs allege that the law violates the Americans with Disabilities Act (ADA) by handing harsher punishments to people with HIV, a chronic disease covered by the ADA’s anti-discrimination statutes. Tennessee is the only state with this law, according to the Edge Media Network.

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“This statute solely targets people because of their HIV status and keeps them in cycles of poverty while posing absolutely zero benefit to public health and safety,” said Molly Quinn, executive director of OUTMemphis. “HIV stigma is becoming a thing of the past, and it’s time for state law to catch up.”

The lawsuit lists Gov. Bill Lee (R-TN), Attorney General Jonathan Skrmetti, Tennessee Bureau of Investigation Director David Rausch, and Department of Correction Commissioner Frank Strada as defendants.

While sex work is a misdemeanor crime in Tennessee, the HIV criminalization law turns the crime into a felony. An estimated 83 Tennesseeans are currently in the registry because of it. Tennessee legislators passed the law in 1991 near the height of the AIDS epidemic when over 100,000 Americans had died from the illness, and scientists were still trying to find effective medical treatments against it.

In 2021, Illinois, New Jersey, and Virginia repealed their felony HIV criminalization laws. However, in 2022, Pennsylvania signed a law making it a felony to pass on a communicable disease when they “should have known” that they had it — the law included HIV.

As of 2022, 35 states have laws that criminalize HIV exposure, according to the Centers for Disease Control and Prevention (CDC). Many of the laws were passed at a time when little was known about HIV and millions were dying from the virus.

Medical professionals have said that HIV criminalization laws do nothing to stop the spread of the virus and may even encourage people not to get tested for fear that the knowledge could subject them to criminal penalties.

“Many of these state laws criminalize actions that cannot transmit HIV – such as biting or spitting – and apply regardless of actual transmission, or intent,” the CDC wrote. “After more than 40 years of HIV research and significant biomedical advancements to treat and prevent HIV transmission, many state laws are now outdated and do not reflect our current understanding of HIV.”

A 2018 Williams Institute study on HIV criminalization in Georgia found that “Black men and Black women were more likely to be arrested for HIV-related offenses than their white counterparts.” While 26% of HIV-related arrests were of white males, 46% of HIV-related arrests were of Black males. Additionally, 11 % of those arrested were white females, while 16% were Black females.