LGBTQ advocates are preparing to go to trial against the U.S. government over its policies on HIV-positive service members.
February 10, 2020, 10:04 AM
"We've seen this administration, really through regulation, undermine our rights in so many ways," he said. The administration, for instance, instituted a policy last spring that places limitations on military service for transgender individuals.
The Modern Military Association of America estimates that there are about 1,200 active service members living with HIV at the moment. The military prohibits HIV-positive individuals from enlisting or becoming an officer. But service members may not be discharged should they contract HIV solely based on their disease status, the court papers say. The Air Force specifically has an instruction that HIV-positive status"alone is not grounds for medical separation or retirement.
In a unanimous decision issued earlier this month, a three-judge panel on the U.S. Court of Appeals for the 4th Circuit said the Air Force failed to consider “current HIV treatments and transmission risks” when it moved to discharge the young men. The ruling means they will be able to stay in the Air Force while their case against the military proceeds.
Schoettes said that"doesn't generally happen" when there's been a unanimous opinion by a panel, but it's a scenario they're ready for. The government could also request to have the case heard by the Supreme Court, but legal experts said that's highly unlikely.
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