Judge Overturns Military's HIV Enlistment Ban
Judge Overturns Military's HIV Enlistment Ban

Judge Overturns Military's HIV Enlistment Ban

News summary

A federal judge in Virginia has ruled that the U.S. military cannot bar HIV-positive individuals with undetectable viral loads from enlisting, deeming the Pentagon's policy as 'irrational, arbitrary, and capricious.' Judge Leonie Brinkema highlighted that modern science has transformed HIV treatment, enabling asymptomatic individuals to perform all military duties without risk of transmission. The ruling follows a series of legal battles challenging the Pentagon’s policies on the basis of outdated scientific understanding and the Fifth Amendment’s due process clause. This decision marks the dismantling of the last major barrier for HIV-positive individuals wishing to serve in the military, aligning the enlistment policy with the current scientific evidence on HIV. Advocacy groups and plaintiffs hailed the ruling as a significant step toward eliminating stigma and improving recruitment. The Pentagon had previously argued that HIV posed health risks and challenges in certain deployments but must now comply with the court's decision.

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