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Tennessee Sued Over Decades-Old HIV-Positive Sex Worker Penalties

Lawsuit challenges Tennessee statute that requires HIV-positive people convicted of sex work to register as "violent sex offenders" for life, alleging it incites discrimination and perpetuates HIV-related stigma.

  • Advocacy groups including the American Civil Liberties Union and the Transgender Law Center have filed a federal lawsuit against Tennessee, challenging a state law that categorizes HIV-positive sex workers as 'violent sex offenders' and requires them to register as such for life.
  • The lawsuit asserts that Tennessee is the only U.S. state with such a statute, arguing that this law discriminates against those living with HIV and keeps them in cycles of poverty, offering no contribution towards public health and safety.
  • The 1991 law enacted by Tennessee, born out of the AIDS epidemic, was escalated to a 'violent sexual offense' in 2010, punishing HIV-positive sex workers with lifetime registration as sex offenders, regardless of their knowledge of their potential to transmit the disease.
  • The plaintiffs, all named Jane Doe, have experienced struggles such as harassment and difficulties in securing housing due to their status on the sex offender registry - one is currently incarcerated for registry violation, and another has felt forced to continue sex work due to employment challenges.
  • The lawsuit also addresses broader issues, such as the lingering HIV-related stigma perpetuated by many existing laws across the country, and the disproportionate effect they have on Black and Latino communities, particularly gay and bisexual men.
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