Prism: Activists fighting HIV criminalization laws say they’ve lost federal government as partner

This article in Prism explores a shift in Department of Justice policy under the new Trump administration. It looks at a recent lawsuit filed by the DOJ in Tennessee alleging that the state's aggravated prostitution statute, "which made it a felony to perform sex work while living with HIV, violated the Americans with Disabilities Act (ADA)." The DOJ action was a result of a complaint filed by CHLP in January 2022 on behalf of people living with HIV in Tennessee who have been prosecuted or are at risk of prosecution under criminal laws that single out HIV for uniquely punitive treatment.

From Activists fighting HIV criminalization laws say they’ve lost federal government as partner:

"A year after the Biden administration laid a blueprint for the federal government to take aim at state laws that criminalize the transmission of HIV, activists say that with the Trump administration, they’ve lost a crucial ally in challenging these outdated, racist, and homophobic laws. ...

"That loss not only drains resources from the fight against HIV criminalization laws, but also eliminates a powerful incentive for states to reach favorable agreements, like the one reached with Shelby County.  

“'The ability for the federal government to bring litigation, or the threat of litigation, is very powerful,' said Sean McCormick, staff attorney at the New York City-based Center for HIV Law and Policy (CHLP). 'I think many state and local actors are motivated by either the financial expense—the logistical cost of pursuing litigation—so the DOJ is able to leverage that to push local actors to enter into these settlements across the board when it comes to the rights of people living with disabilities.'”

"HIV criminalization laws are a draconian reaction to the AIDS crisis of the 1980s and purportedly target people alleged to have intentionally spread the virus. According to CHLP, as of February, 32 states criminalize people living with HIV, and 28 states have penalty enhancements that are based on someone’s knowledge of their HIV status. But academic research and journalistic scrutiny have repeatedly shown that these laws disproportionately target Black people, particularly Black trans women."

Read more: https://prismreports.org/2025/03/05/hiv-criminalization-laws-trump/