A pivotal judicial ruling has ended the last policy barring asymptomatic HIV-positive individuals from military service. This decision by U.S. District Court Judge Leonie Brinkema signifies progress toward eliminating HIV-related stigma in the military. She stated that the Defense Department must cease its disqualification of HIV-positive individuals with undetectable viral loads.
Judge Brinkema, in a 2022 decision, had already allowed HIV-positive service members with undetectable viral loads to be deployable and serve in uniform. Now, her ruling compels the military to open enlistments to similarly situated civilians. In this case, plaintiffs including Isaiah Wilkins argued for their right to serve without discrimination. “This is a victory not only for me but for other people living with HIV who want to serve,” Wilkins stated.
BREAKING: Court strikes down last remaining barrier to people with HIV serving in the military@LambdaLegal reports: Today, in a Lambda Legal case filed against the Department of Defense in 2022, a U.S. District Court struck down the last categorical disqualification preventing… pic.twitter.com/dDUfZgyj2w
— Benjamin Ryan (@benryanwriter) August 20, 2024
Defense Department’s New Stance
Judge Brinkema declared that barring those with undetectable loads: “irrational, arbitrary, and capricious.” Her decision emphasizes how HIV treatments have advanced, making it feasible for HIV-positive individuals to perform all military duties. Modern science has transformed HIV management, allowing individuals to maintain healthy, undetectable viral loads through daily medication
The ruling falls in line with a broader shift across military policies and societal views towards HIV. Gregory Nevins from Lambda Legal highlighted the importance of this change: “Americans living with HIV no longer face categorical barriers to service careers.” The Defense Department has yet to comment on this latest ruling.
The Bigger Picture
This decision comes after sustained advocacy and public awareness on the realities of living with HIV. Wilkins v. Austin, the case behind this ruling, was initiated by Wilkins and two other individuals who faced obstacles due to their HIV status. Previously, these policies severely limited the opportunities for HIV-positive individuals to serve in the military, but the new ruling offers them a level playing field.
Medical advancements have rendered HIV a manageable condition with proper treatment. A Congressional Research Service report indicated 1,581 service members were diagnosed with HIV from January 2017 to June 2022, highlighting that ongoing medical oversight and support are essential. While HIV still poses health challenges, those with undetectable viral loads can lead near-normal lifespans and contribute effectively to military service.
