Judge overturns military’s ban on HIV-positive enlistees in historic victory
A federal judge overturned the Pentagon’s ban on asymptomatic HIV-positive people enlisting in the military on Tuesday, ruling it as discriminatory.
“Modern science has transformed the treatment of HIV,” U.S. District Judge Leonie Brinkema of the Eastern District of Virginia wrote in her ruling. “Asymptomatic HIV-positive service members with undetectable viral loads who maintain treatment are capable of performing all of their military duties, including worldwide deployment.”
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The ruling summarizes the science on HIV, emphasizing that risks of transmission are minimal with proper treatment and care, something that the military can provide.She then summarizes the federal healthcare plans for those with HIV, including Army regulations, before detailing the plaintiffs – two individuals who tested positive for HIV and who wanted to enlist in the military but who were rejected because of their serostatus, one individual who got HIV while serving in the military and who says her career aspirations are now limited, and an organization representing others with HIV, the Minority Veterans of America. Two of the three individuals who sued are LGBTQ+.
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After discussing the legislative history of the plaintiffs and their continued battle to enlist in the military, Brinkema detailed the arguments of plaintiffs and defendants. This boiled down to an argument of what the science says. According to Brinkema, the plaintiffs were able to demonstrate that there is minimal risk of transmission and that there are minimal financial risks to the military as a result of treating those with HIV.
The three plaintiffs comprised a variety of different backgrounds in both their identities and in their approach to joining the military. One was enlisted in the National Guard before trying to join the military, while another had already been in the military and was only trying to reenlist.This comes after former President Donald Trump sought to ban those with HIV from serving in the military, something that was met with immense pushback. Eventually, judges ruled that such a ban was unconstitutional and struck it down. And, in 2022, Judge Brinkema ruled against the Pentagon’s policy to ban people living with HIV from serving abroad or serving in leadership positions. However, the military still banned people who were HIV-positive from enlisting.
“This is a victory not only for me but for other people living with HIV who want to serve,” Isaiah Wilkins, one of the plaintiffs who is gay, said in a statement. “As I’ve said before, giving up on my dream to serve my country was never an option. I am eager to apply to enlist in the Army without the threat of a crippling discriminatory policy.”
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