A federal judge appointed by Clinton has ruled that the U.S. military cannot bar HIV-positive people from serving if their viral load becomes temporarily undetectable through the use of costly antiretroviral drugs. Daily use required.
Judge Leonie Briquema Judges in the United States District Court for the Eastern District of Virginia have previously ruled in two major cases against certain military service restrictions for people with HIV, who, without medication, can contract opportunistic infections and spread them to their peers.
Citation Her own opinion In these cases, Briquema The August 20th ruling “The Department of Defense's policy of barring asymptomatic HIV-positive individuals with undetectable viral loads from serving in the military is irrational, arbitrary, and capricious.”
“Worse yet, they contribute to the continuing stigma surrounding people living with HIV, while actively hindering the military's own recruiting goals,” Briquema continued.
“HIV is a contagious, incurable blood-borne disease and there are several ways it can be transmitted to other military personnel.”
The lawsuit that led to the Briquema ruling was filed on behalf of three HIV-positive people and left-wing advocacy groups.
The first, Isaiah Wilkins, is a 24-year-old HIV-positive gay man receiving HIV care at the VA Medical Center in Atlanta, Georgia. He must take medication to suppress his viral load. Wilkins hopes to enlist in the Army.
According to The Defense Department's Military Health Oversight Office estimated that 1,581 military members were newly diagnosed with HIV between January 2017 and June 2022, according to a 2023 Congressional Research Report.
The second plaintiff is Carol Ko, a 33-year-old cross-dresser who lives in Washington, D.C. She contracted HIV while serving in the military and left in 2013 to undergo sex reassignment surgery. Ko attempted to reenlist in 2022 but was unsuccessful due to an infection.
The third plaintiff is Natalie Noe, an Australian national now living as a permanent resident in California, who was also told that being HIV positive would be a negative for recruiters. To manage her HIV, Noe takes daily medication and receives antiretroviral injections every three to six months.
The actions of this trio include: Minority Veterans of America — a left-leaning advocacy group that works for “social and structural change” and has worked to ensure access to “abortion, contraception, and gender reassignment surgery through the Department of Veterans Affairs for veterans.”
“We are pleased that the Court has struck down the last discriminatory policy that barred people with HIV from applying to enlist or be commissioned in the military.”
The lawsuit was filed against the Department of Defense in November 2022.
According to Original ComplaintMedical advances in HIV treatment “should have led to a complete overhaul of military policy regarding individuals with HIV, yet the Department of Defense, the Army, and all military branches continue to restrict enlistment and recruitment of individuals with HIV.”
The lawsuit argued that the policy barring HIV-positive candidates from enlisting violates the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act.
Court Documents The Department of Defense has asserted that:
The military's HIV policies are reasonably related to promoting the health and readiness of its military. For example, defendants continue to argue that asymptomatic HIV-positive individuals with undetectable viral loads may not take their daily medications properly, resulting in an increased viral load; that HIV is a contagious, incurable, blood-borne disease that has several routes by which it can be transmitted to other service members, including through blood splashes on the battlefield and through blood transfusions; and that HIV is associated with a variety of complications and side effects that may harm service members' health.
The Pentagon further suggested:
- The science is clear that there is a significant risk of infection associated with blood-to-blood transmission, even in individuals with undetectable viral loads.
- The restrictions on HIV-positive enlisted personnel are “reasonably related to the goal of ensuring a safe blood supply for use in combat medicine.”
- “Deployment may make HIV-positive people more likely to experience viral rebound.”[d] …risky [they] Failure to maintain strict adherence to “HIV medications.”
- “Conscripting HIV-infected individuals into the military imposes a disproportionately higher financial burden on the military than those without HIV infection,” taking into account antiretroviral therapy. cost Between $1,800 and $4,500 per month.
- A person suffering from an incurable disease[e] A healthy military.”
Briquema was apparently unconvinced by these arguments and ordered the Department of Defense not to bar people with undetectable HIV from serving in the military.
“We are pleased that the court has struck down the last discriminatory policy that prohibited people with HIV from applying to enlist or be commissioned in the military.” stated “Americans with HIV will no longer face significant barriers to serving in the military, such as being barred from military service, barred from appointment, barred from deployment and ultimately barred from enlisting,” said Gregory Nevons, senior counsel at Lambda Legal, which supported the lawsuit.
“This is a victory not only for me, but for other people with HIV who want to serve,” said plaintiff Isaiah Wilkins.
Military Times Shown The Pentagon declined to comment on the ruling.
Although HIV-positive people are allowed to serve in the military, the Department of Defense There are still some prohibitions For recruiting or retaining people with certain illnesses such as Crohn's disease, kidney problems, asthma, anemia, gout, rheumatoid arthritis, various sleep disorders, and excessive sweating.
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