The Western Journal

Appeals court skeptical of bid to end military’s ban on HIV-positive applicants

A federal appeals court expressed skepticism about efforts too lift the military’s ban on enlisting HIV-positive individuals.The court questioned how much deference should be given to the Department of Defense’s standards for health and fitness. The case involves a 2022 lawsuit filed by Minority Veterans of America and HIV-positive individuals advocating for the removal of restrictions, citing improved HIV treatments as the initial disqualification policies. The court’s discussion highlights concerns about military standards and the evolving understanding of HIV management.


A federal appeals court appeared deeply skeptical on Monday of an effort to end the military‘s ban on allowing HIV-positive people to enlist, with the panel expressing concern over the deference the Department of War should receive to set its own health and fitness standards.

The full U.S. Court of Appeals for the 4th Circuit heard arguments in a lawsuit first brought in 2022 by the group Minority Veterans of America along with a trio of HIV-positive people who want to enlist in the military. The group claims that HIV treatment has improved in the decades since the military initially categorized HIV as a health problem that disqualifies someone from enlistment.

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