The lawsuit was filed on behalf of two young Air Force members who said they were discharged after being diagnosed with HIV in contravention with military rules that do not call for automatic dismissal due to the medical condition. The service members notched a victory in January when a federal appeals
LGBTQ advocates are preparing to go to trial against the U.S. government over its policies on HIV-positive service members.
"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. Both men are taking antiretroviral medication, have undetectable HIV, and are healthy and uncompromised in their ability to perform their duties, the suit said."Members of the U.S. Armed Forces embody the best of the American spirit. They serve and defend us for love of country and community. Our military treats Service members’ wounds and illnesses, and, when able, they continue to serve," the complaint says."Service members with HIV, however, do not enjoy the same treatment.
Citing potential medical complications, the Air Force said in court papers that it determined that the two airmen would be"unable to reasonably perform" their duties because they were in service fields with high likelihoods of deployment and their conditions would prevent them from deploying to the U.S. Central Command’s area of responsibility, where most airmen are expected to go, according to the Department of Justice.
"A ban on deployment may have been justified at a time when HIV treatment was less effective at managing the virus and reducing transmission risks. But any understanding of HIV that could justify this ban is outmoded and at odds with current science," the court said in its ruling."Such obsolete understandings cannot justify a ban, even under a deferential standard of review and even according appropriate deference to the military’s professional judgments.
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