In a recent statement, the Department of Justice (DOJ) called upon Tennessee to cease the enforcement of its aggravated prostitution law targeting individuals with HIV, citing a violation of the Americans with Disabilities Act (ADA). The DOJ warned that failure to comply could result in a lawsuit against the state.

Released on December 1, the DOJ's announcement coincided with World AIDS Day, a global initiative aimed at raising awareness about the ongoing AIDS pandemic. According to the DOJ, Tennessee's decades-old law imposes harsher criminal penalties on individuals with HIV, solely based on their health status, thereby infringing upon the protections enshrined in the ADA.

Under the law, engaging in sexual activity as a business or being an inmate in a house of prostitution while being aware of one's HIV infection raises the offense from a misdemeanor to a felony. Furthermore, those convicted of engaging in prostitution while HIV-positive in Tennessee are required to register as "violent sex offenders" for life.

The DOJ specifically pointed out the Shelby County District Attorney's Office and Tennessee's Bureau of Investigation for their frequent enforcement of this law, primarily in the Memphis area. Over the past few months, residents of Memphis have expressed concerns about increased levels of prostitution and drug-related activities in their neighborhoods.

Assistant Attorney General Kristen Clarke of the DOJ's Civil Rights Division condemned Tennessee's aggravated prostitution law, describing it as outdated, lacking scientific basis, and promoting a culture that discourages HIV testing while further marginalizing individuals living with the virus.

In October, the American Civil Liberties Union (ACLU) and the Transgender Law Center initiated a federal lawsuit challenging the constitutionality of the law. The plaintiffs argue that the disparate treatment of individuals with HIV is a relic of the discriminatory response to the AIDS epidemic, disproportionately affecting Black cisgender and transgender women.

Rebecca Bond, chief of the DOJ's Disability Rights Section, highlighted the significant progress made in understanding and treating HIV since the law's enactment in 1991. Bond emphasized that the outdated beliefs and assumptions surrounding HIV as a highly contagious and lethal disease no longer hold true.

As the DOJ takes action against Tennessee's aggravated prostitution law, the focus now shifts to the state's response. It remains to be seen whether Tennessee officials will heed the DOJ's warning and move towards repealing or amending the law to align with the protections guaranteed by the ADA.