A recent federal court ruling has just overturned a “discriminatory” Pentagon policy that barred asymptomatic HIV-positive people from enlisting in the U.S. military.
Judge Brinkema Ends HIV Enlistment Ban
The ruling to end the Pentagon’s policy barring people with HIV from enlisting in the military has just been overturned by U.S. District Judge Leonie Brinkema.
HIV Policy Deemed Outdated and Unnecessary
Judge Brinkema made the ruling on the grounds that HIV is simply not as dangerous as once thought, and the policy itself is outdated and unnecessary.
Judge Criticizes Pentagon’s “Irrational” Policy
When delivering the ruling, Judge Brinkema stated that the Pentagon’s policy of stopping people with HIV from enlisting was “irrational, arbitrary, and capricious.”
Military Recruitment Efforts Hindered by Policy
Judge Brinkema then went on to say that such a policy was hindering the U.S. military’s recruitment efforts, which have already been dwindling over the past ten years.
HIV-Positive Service Members Capable of Full Duty
“Modern science has transformed the treatment of HIV, and this Court has already ruled that asymptomatic HIV-positive service members with undetectable viral loads who maintain treatment are capable of performing all of their military duties, including worldwide deployment,” Judge Brinkema wrote in her ruling.
Case Brought by Barred HIV-Positive Individuals
The case, Wilkins v. Austin, was first brought forward by three citizens who were either barred from enlisting or reenlisting in the military because they were HIV positive.
Plaintiffs Argue Military’s Policy Is Outdated
In their case, the plaintiffs argued that the military’s policy was based on outdated science and that medical understanding of HIV and what people with it can do has come a long way.
Plaintiff Wilkins Celebrates Victory
One of the plaintiffs, Isaiah Wilkins, had served in the Georgia Army National Guard and left to attend the U.S. Military Academy Preparatory School, only to be kicked out after a medical exam revealed he was HIV positive.
Wilkins: “A Victory For All”
After the court ruling was made, Wilkins released a statement highlighting how massive a win this was for someone whose dream was to serve in the United States military.
Lambda Legal Supports Ruling
This statement from Wilkins was shared by the LGBTQ nonprofit group Lambda Legal, which was one of the organizations representing Wilkins in the case.
Judge’s Ruling Builds on 2022 Decision
Judge Brinkema’s ruling also mentioned an earlier 2022 decision she made where she ended the military’s ban on people with HIV from serving as officers or being deployed abroad.
Military Policies Often Inconsistent With Science
Based on this earlier ruling, Judge Brinkema set a precedent that showed military policies were sometimes inconsistent with scientific advancements and violated the rights of people with HIV.
Modern Science Disproves Military’s HIV Concerns
Current research actually shows that people with an undetectable HIV viral load, thanks to antiretroviral treatment, cannot transmit the virus through sex and are just shy of normal life expectancy.
Military’s Arguments Rendered Obsolete
As a result of these scientific findings, the military’s argument that enlisting people who are HIV positive could pose any kind of risk is completely washed away.
Advances in HIV Treatment Undermine Ban
Previously, the military argued that treating HIV was too complex and that the potential for HIV to spread during someone’s deployment was too great a risk to justify enlisting people with HIV.
Modern HIV Treatments Render Ban Unnecessary
However, modern HIV treatment can now keep the virus at bay with just a single daily pill or an injection every one or two months, leaving these concerns completely outdated.
Pentagon Silent Following Court Ruling
Following the Judge’s ruling, the Pentagon has not yet made a statement as to how they will proceed and sent all inquiries to the Justice Department, which has declined to comment on the ruling.
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