Well-treated HIV-infected Americans can no longer be barred from serving in the United States military, a a federal judge ruled ThursdayHe overturned the last remaining Pentagon policy restricting service to those infected with the virus.
“Defendants’ policy of barring asymptomatic HIV-infected individuals with undetectable viral loads from enlisting in the military is irrational, arbitrary, and capricious.” Worse, they contribute to the ongoing stigma attached to HIV-positive individuals while actively thwarting the military’s own recruiting goals,” wrote Leonie Brinkema, U.S. District Court Judge for the Eastern District of Virginia.
Brinkema named him in his decision landmark decision 2022 this ended a long-standing Department of Defense policy of barring military personnel diagnosed with HIV after deployment and commission as an officer outside the continental United States.
“Modern science has changed the treatment of HIV, and this Court has already ruled that asymptomatic HIV-positive service members with undetectable viral loads who continue treatment can perform all their military duties, including worldwide deployments. “The defendants must now allow similarly situated civilians who wish to join the United States military to demonstrate the same and allow them to be drafted, commissioned and employed,” he said.
Research has shown People with HIV whose viral load is undetectable thanks to antiretroviral therapy cannot sexually transmit the virus to others, as is the case with the vast majority of people on HIV treatment. Advances in the care and treatment of the virus have extended the lives of people with the virus close to normal. People with HIV who are well treated are effectively healthy. However, they are still at higher risk of various health conditions related to aging, including heart disease and various cancers.
As for concerns about the complexity of HIV treatment among military personnel, most people living with HIV treat the virus with a daily pill containing several antiretroviral drugs. There is now an antiretroviral regimen, Cabenuva, that requires an injection every one or two months. And further pharmaceutical advances are expected to extend the required intervals between such injections.
The Wilkins v. Austin lawsuit was filed on behalf of three HIV-positive individuals. — denied entry — due to military policy prohibiting enlistment or reenlistment of people already diagnosed with HIV. Plaintiff Isaiah Wilkins, 24, served two years in the Georgia Army National Guard before volunteering to attend the United States Military Academy Preparatory School (USMAPS). As part of the admissions process, Wilkins underwent a medical examination that “revealed for the first time that he was HIV positive,” according to court documents. He eventually “left” USMAPS due to his diagnosis. Now he wants to enlist in the Army and continue his studies at USMAPS.
A friend-of-the-court brief filed on behalf of the plaintiffs, which the court described as “an impressive array of former senior military officials,” emphasized the United States’ reliance on an all-volunteer military and argued that it should do nothing. exclude able-bodied Americans from military service, including those with chronic but well-managed health conditions, including HIV.
“This is a victory not only for me, but for other people living with HIV who want to serve,” Wilkins said. statement shared by LGBTQ nonprofit Lambda Legal, one of its representative organizations. “As I said before, giving up on my dream of serving my country was never an option. I am eager to apply for enlistment in the Army without the threat of crippling discriminatory policies.”
Employment Discrimination against people living with HIV is prohibited Since 1998 under a Interpretation of the Supreme Court Americans with Disabilities Act of 1990. However, the Department of Defense, the world’s largest employer with nearly 3 million employees worldwide, stands alone in continuing to limit employment opportunities for people living with HIV.
The Defense Department did not immediately respond to a request for comment on the decision on Thursday.
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