Judge Rules Military Can’t Reject HIV-positive Applicants for Service

A federal judge has determined that the U.S. military cannot prevent individuals with undetectable HIV viral loads from enlisting. This ruling effectively removes the last significant obstacle for asymptomatic individuals living with the virus who wish to serve in the armed forces.

U.S. District Judge Leonie Brinkema of the Eastern District of Virginia announced the verdict this week, stating that the arguments presented by the Pentagon to justify the exclusion of HIV-positive applicants were not substantiated by evidence.

Judge Brinkema characterized the military’s policies as “irrational, arbitrary and capricious.” She expressed concern that such restrictions perpetuate the stigma surrounding HIV-positive individuals and hinder the military’s recruitment efforts.

This ruling follows a series of legal decisions in recent years that have challenged and ultimately overturned military policies that barred HIV-positive individuals from serving or advancing to commissioned ranks.

The case brought before the court involved Defense Secretary Lloyd Austin and was initiated by the Minority Veterans of America advocacy organization, alongside three individuals seeking to join the Army.

Among the plaintiffs was Isaiah Wilkins, 24, who had previously served in the Georgia National Guard but was denied entry into the Army due to his HIV-positive status. Carol Coe, 33, had served in the Army before becoming HIV-positive in 2008 and wished to return to active duty. Natalie Noe, 33, was also denied enlistment in 2020 after testing positive for the virus.

The plaintiffs contended that the military’s refusal to allow HIV-positive individuals to serve is unlawful, particularly in light of current scientific understanding regarding the virus. They argued that the policy violates the due process clause of the Fifth Amendment and the Administrative Procedure Act, asserting that the military’s restrictions target a specific demographic unfairly.

During court proceedings, the Pentagon maintained that barring certain individuals from service was justified to protect the health of military personnel. The Pentagon referenced the incurable nature of HIV, the possibility that HIV-positive individuals might fail to adhere to their treatment regimens and increase their viral loads, and the risk of transmission through blood contact. They also pointed to potential financial strains associated with managing HIV-positive service members and the logistical complications of deploying them to countries with strict health regulations.

Judge Brinkema firmly dismissed these arguments, emphasizing that advancements in medical science have transformed HIV treatment. She noted that asymptomatic HIV-positive individuals who maintain undetectable viral loads can successfully fulfill their military responsibilities.

The ruling marks a significant moment for the integration of HIV-positive individuals into the U.S. military and reflects a growing recognition of the importance of inclusivity and the need to eliminate outdated stigmas surrounding the virus.

The decision is likely to have widespread implications for military recruitment policies and could pave the way for a more diverse range of individuals to serve. As military leaders face recruitment challenges, inclusive policies may become increasingly necessary.

This landmark ruling underscores the evolving understanding of HIV and the need for policies that reflect current medical standards and promote equality within the armed forces.

Source: Nexstar Media, Inc.