A judge within the American judicial system has determined that the United States military is prohibited from denying enlistment opportunities to individuals who are HIV-positive.
Judge Leonie Brinkema argued that the Pentagon's prohibition on HIV-positive individuals from joining the military contributes to the persistent stigma surrounding HIV-positive individuals and hinders the military's own recruitment objectives.
In her ruling, Brinkema explained that modern medicine has significantly improved the management of HIV, enabling asymptomatic HIV-positive service members with undetectable viral loads to carry out all their military duties, including international deployments, provided they continue their treatment.
She further suggested that the Pentagon should permit HIV-positive civilians aspiring to join the U.S. military to demonstrate their capability to fulfill their duties and enlist accordingly.
HIV is not effortlessly transmitted to an individual. It's primarily spread through anal or vaginal sex or by sharing needles, according to the Centers for Disease Control and Prevention.
Medication known as antiretroviral therapy, when administered correctly, can suppress HIV levels in the body to levels that can't be detected by tests. This means that individuals who manage to stay virally suppressed or undetectable won't transmit the virus through sexual activity or syringe sharing, as per the CDC.
The Pentagon's stance on HIV-positive Americans has been embroiled in legal disputes in recent years. In 2022, Brinkema, in separate cases, overturned the military's ban on HIV-positive individuals from becoming officers or deploying abroad. Defense Secretary Lloyd Austin subsequently issued a memo stating that HIV-positive individuals would no longer be automatically barred from military leadership roles or overseas deployment.
The challenge to the enlistment policy was initiated by three HIV-positive individuals aiming to join or rejoin the military recently. Due to the now-invalidated policy, all three were unable to do so.
One of the plaintiffs, Isaiah Wilkins, was serving in the Georgia National Guard when he attempted to enlist in the Army Reserve. Upon learning his HIV-positive status during this process, Wilkins' plans were affected, leading him and the two other anonymous plaintiffs to file a lawsuit.
"This is a triumph not only for me but for other individuals living with HIV who wish to serve," Wilkins stated in a Tuesday statement. "I had never considered abandoning my ambition to serve my country, and I am excited to apply for enlistment in the Army without the specter of a burdensome discriminatory policy."
The Pentagon had presented multiple justifications for its policy, such as the potential financial burden of caring for HIV-positive service members and the possibility of these individuals experiencing viral rebound during deployment if they fail to adhere to their medication regimens.
The Defense Department did not immediately provide a comment in response to CNN's request for a comment.
CNN's Jen Christensen and Katherine Dillinger contributed to this report.
The Pentagon's controversial policy on HIV-positive individuals in the military has been a subject of ongoing debate in the realm of politics. Various advocacy groups have called for a review of this policy, arguing that it unfairly discriminates against individuals living with HIV.
