The Tennessee government has decided to remove dozens of people convicted of prostitution while having HIV from the state’s sex offender registry, following lawsuits challenging the practice as discriminatory. For over three decades, Tennessee’s laws have classified prostitution with HIV as a felony, leading to lifetime registration as a sex offender even if protection is used. Most of the impacted individuals are in the Memphis area and are often Black and transgender women.
Lawsuits from the ACLU and the Department of Justice have argued that the laws do not consider evolving science on HIV transmission and unfairly limit where affected individuals can live and work. In a settlement agreement signed by Governor Bill Lee, the Tennessee Bureau of Investigation will review the registry to remove those convicted solely because of aggravated prostitution charges.
The ACLU celebrated the settlement as progress but vowed to continue fighting the felony charge. LGBTQ+ support organization OUTMemphis will help eligible individuals with the removal process. One plaintiff, Michelle Anderson, shared how being labeled a sex offender made it difficult to find housing and employment, forcing her at times to continue engaging in sex work. State lawmakers have recently amended the law so that no one else will be added to the registry, allowing for expungement in cases of human trafficking.
The changes reflect an effort to rectify the harm caused by the discriminatory laws while ensuring justice and fairness for all individuals affected by these regulations.
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