A federal judge ruled on Tuesday that the US military cannot reject enlistees who have HIV, marking the end of a controversial Pentagon policy. The ruling by US District Judge Leonie Brinkema emphasized that the ban on HIV-positive individuals seeking to enlist contributes to stigma and hampers recruitment goals.
Modern science has significantly improved HIV treatment, allowing asymptomatic HIV-positive service members with undetectable viral loads to perform all military duties, including worldwide deployment. The judge stated that civilians with similar conditions should be permitted to enlist in the military.
HIV is not easily transmitted and cannot be spread through casual contact. Antiretroviral therapy can suppress the virus to undetectable levels, preventing transmission through sex or needle sharing.
Legal battles over the Pentagon's policies towards HIV-positive individuals have been ongoing. In 2022, previous bans on HIV-positive individuals joining as officers or deploying abroad were struck down. Defense Secretary Lloyd Austin subsequently issued a memo lifting automatic bars on serving in military leadership or overseas deployment for HIV-positive individuals.
The recent ruling came in response to a challenge by three HIV-positive individuals seeking to join or rejoin the military. One plaintiff, Isaiah Wilkins, expressed his victory in the case, stating his eagerness to apply for enlistment without facing discriminatory policies.
The Pentagon's arguments against the policy change included concerns about financial burdens and viral rebound risks during deployment. However, the court's decision now paves the way for HIV-positive individuals to pursue military service without discrimination.
