Following lawsuits arguing that the state's law did not account for advancements in HIV science and prevention, Tennessee has agreed to remove sex workers living with HIV from the sex offender registry.
In a landmark decision, the state of Tennessee has reached an agreement to remove sex workers with HIV from the sex offender registry, bringing an end to decades of discriminatory laws that have disproportionately impacted this vulnerable population. The move follows two lawsuits that successfully challenged the state's outdated law, which classified prostitution as a misdemeanor for most sex workers but a felony for those who were HIV-positive.
The previous law, which had been in place for decades, had profound consequences for sex workers living with HIV. It restricted their access to housing, employment, and relationships with minor relatives. Plaintiffs argued that this classification was based on fear and discrimination, unfairly targeting people living with HIV for harsh punishment and effectively branding them as violent sex offenders.
Tennessee Removes Sex Workers with HIV from Sex Offender Registry
The American Civil Liberties Union (ACLU) played a pivotal role in the lawsuits, arguing that the law was unlawful as it singled out people living with HIV, which is a protected disability, for harsher punishment. The ACLU maintained that criminalizing people with HIV defied evidence-based best practices and violated their constitutional rights.
Governor Bill Lee, a Republican, signed a settlement agreeing that the Tennessee Bureau of Investigation (TBI) would notify individuals who had been wrongly placed on the sex offender registry that they could make a written request for removal. This settlement represents a significant victory for sex workers living with HIV, who have long faced stigma and discrimination.
Tennessee Removes Sex Workers with HIV from Sex Offender Registry
In addition to the lawsuit, the Tennessee legislature recently amended the sex offender registry statutes to remove aggravated prostitution from the list of offenses that require registration. This change has allowed the TBI to remove multiple registrants who were eligible for removal under the new amendments.
However, the litigation is ongoing, as the Tennessee Attorney General's Office continues to defend the state's prohibition of aggravated prostitution. The Attorney General's Office has argued that the recent amendments do not affect the state's ability to prosecute and punish those who engage in aggravated prostitution.
Despite the ongoing litigation, the removal of sex workers with HIV from the sex offender registry is a major step forward for Tennessee. It represents a recognition that the state's previous laws were both discriminatory and outdated, and it brings the state in line with evolving scientific understanding of HIV transmission and prevention.
The settlement agreement also provides a pathway for other states to reconsider their own laws that criminalize sex workers living with HIV. By removing these individuals from sex offender registries, states can help to reduce the stigma and discrimination that they face, and they can ensure that they have access to the same rights and privileges as other citizens.
