A Virginia court has ruled that the Department of Defense cannot bar individuals with HIV who have undetectable viral loads from enlisting in the military.
Clinton appointed U.S. District Judge Leonie Brinkema in her ruling that those who are asymptomatic HIV-positive may not be barred from joining the military.
Brinkema stated that barring HIV-positive enlistees is “irrational, arbitrary, and capricious.”
The Clinton-appointed judge further wrote, “Modern science has transformed the treatment of HIV.”
Following the ruling, Gregory Nevins, an attorney who helped file the lawsuit against the Department of Defense, said in a press release, “Americans living with HIV no longer face categorical barriers to service careers – discharge, bans on commissioning, bans on deployment and finally bans on enlisting.”
The Military Times reported:
The Defense Department may not prohibit people who are asymptomatic HIV-positive from joining the military, a judge in Virginia ruled this week.
U.S. District Court Judge Leonie Brinkema wrote in a decision filed Tuesday that barring those with undetectable viral loads from serving is “irrational, arbitrary, and capricious” as it contributes to a stigma about people who are HIV-positive while also actively hampering the military’s own recruitment goals.
Previously, the court ruled that asymptomatic HIV-positive troops with undetectable viral loads who maintained treatment remained capable of doing their military jobs, including deployments, Brinkema noted.
Today, HIV treatment medications often involve little more than taking a daily pill, and that lower viral load from meds also prevents transmission to others.
The plaintiffs in the lawsuit included Isaiah Wilkins, 24, who was denied entry into the Army due to his HIV-positive status; Carol Coe, 33, a former Army service member who left in 2008 after becoming HIV-positive; and Natalie Noe, 33, who was also denied military entry after testing positive for the virus.
Share your thoughts by scrolling down to leave a comment.
