A federal judge ruled that HIV-positive individuals cannot be prevented from enlisting in the military if they have undetectable viral loads.
The ruling comes after a years-long legal battle focused largely on the risk and costs of the incurable disease. An HIV-positive person is considered undetectable when his or her viral load is low enough that they cannot transmit the illness. Viral suppression is typically accomplished by the use of HIV medications.
United States Judge Leonie Brinkema of the Eastern District of Virginia ruled on Aug. 22 that the military’s policies regarding HIV were “irrational, arbitrary, and capricious, in violation of the equal protection component of the Fifth Amendment’s Due Process Clause and the Administrative Procedure Act.”
“Even worse, they contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals,” the judge wrote in the ruling.
Under Department of Defense policy, asymptomatic HIV-positive service members are barred from deploying worldwide. Service members who cannot be deployed worldwide are considered not fit to serve. This policy was later subjected to a permanent injunction in 2022 following a legal challenge.
The injunction did not apply to non-enlisted individuals looking to join the military.
Brinkema said the Defense Department had “provided no new, persuasive medical evidence to support their argument that the exposure risks and medical care of asymptomatic HIV-positive individuals with undetectable viral loads seeking accession are not identical to those for asymptomatic HIV-positive service members with undetectable viral loads seeking commission or retention.”
“Modern science has transformed the treatment of HIV, and this Court has already ruled asymptomatic HIV-positive service members with undetectable viral loads who maintain treatment are capable of performing all of their military duties, including worldwide deployment,” wrote the judge. “Now, defendants must allow similarly situated civilians seeking accession into the United States military to demonstrate the same and permit their enlistment, appointment, and induction.”
Lambda Legal, an LGBTQ+ advocacy group, first asked the district court to terminate the Defense Department policy in 2023.
“We ask that this court strike down this discriminatory policy barring people living with HIV from seeking enlistment or appointment to the military because they are able to perform all job duties associated with military service, including worldwide deployment,” said Kara Ingelhart, a senior attorney for Lambda Legal, in a press release. “It is time for the military to acknowledge that arguments based on outdated science or concern for preserving monetary resources are no longer defensible. Neither can continue to be used to deny anyone the opportunity to join the military and to serve their country.”
The lawsuit involved three people who were barred from entering the military because of their HIV-positive status.
The Department of Defense is considered the world’s largest employer. More than three million people across the world work for the federal department, according to NBC News.
