POZ Community Forums
Main Forums => AIDS Activism => Topic started by: Jim Allen on November 03, 2023, 06:49:25 am
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https://www.poz.com/article/lawsuit-challenges-tennessee-law-targeting-people-living-hiv
The American Civil Liberties Union (ACLU) and the Transgender Law Center (TLC) filed a federal lawsuit last week to challenge Tennessee’s harsh laws against sex workers, according to The Associated Press (AP).Advocates argue such laws stem from historical discrimination against people living with HIV and constitute HIV criminalizaton.
The lawsuit was filed in the U.S. District Court in Memphis on behalf of four plaintiffs, all referred to as Jane Doe, and OUTMemphis, a nonprofit that supports LGBTQ people.
The complaint states that Tennessee is the only state that registers individuals as lifelong violent sex offenders if they are convicted of engaging in sex work while living with HIV. What’s more, this is the case whether or not the person knew they could transmit HIV and whether or not the virus was transmitted.
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The Department of Justice (DOJ) found that Tennessee’s HIV criminalization laws violates the Americans with Disabilities Act (ADA). Specifically, the department found that Tennessee’s aggravated prostitution statute singles out people with HIV for harsher punishment simply because of their HIV status. Under that statute, a charge that would otherwise be a misdemeanor is elevated to a felony if the person has HIV, regardless of risk of harm. What’s more, if convicted, individuals are mandated to lifetime placement on the sex offender registry.
https://www.poz.com/article/doj-rules-tennessees-criminal-laws-targeting-people-hiv