People with HIV can join the US military as the Pentagon's ban is overturned

The US military is judged unable to refuse people with HIV from enlisting, overturning the Pentagon's ban.

On August 21 local time, according to CNN, US federal judge Leonie Brinkema ruled on the 20th that the US military is prohibited from refusing citizens who test positive for HIV (human immunodeficiency virus) from enlisting. This ruling overturns the "last controversial measure regarding HIV" by the Pentagon. As early as 2022, Brinkema had already overturned the military's rule that people with HIV-positive status cannot join the military as officers or be stationed overseas.

Federal judge Brinkema said that the US Department of Defense's ban on enlistment of people with HIV-positive status violates the "equal protection clause" in the Fifth Amendment of the US Constitution and the Administrative Procedure Act, exacerbating discrimination against this group and also seriously hindering the military's recruitment goals. She required the Pentagon to allow HIV-positive civilians to apply to join the US military and assume corresponding responsibilities. The judgment pointed out that asymptomatic HIV-positive military personnel who continuously receive treatment and can maintain a very low level of HIV viral load can perform military duties, including participating in tasks such as global deployments.

During the trial of the case, the US Department of Defense argued that regardless of whether the treatment is successful, the military must reject potential service members with known risks to avoid risks in terms of medical care, finances, and diplomatic relations. The Pentagon also emphasized that restricting the enlistment of HIV carriers is reasonably related to ensuring a safe blood supply for combat medical care. But Brinkema believes that there is no connection between the Pentagon's policy and the legitimate interests of the government, and has not provided any examples of military personnel transmitting HIV through blood transfusions. At the same time, military personnel who test positive for HIV are not allowed to donate blood.

The plaintiffs in this case are three people with HIV-positive status, and the attorneys representing them are from the Association of Minority Veterans of America. They hope to join or rejoin the military but have been unable to do so due to the current policy. One of the plaintiffs, Isaiah Wilkins, discovered that he was HIV-positive when seeking to join the Army Reserve, and his plan was blocked. After the judgment was announced, Wilkins said that this is not only a personal victory for him but also a victory for those with HIV-positive status who hope to serve.