Court Reaffirms HIV-Positive Airmen Shouldn’t Be Discharged Over Policy That’s ‘Irrational’ And ‘At Odds With Current Science’
The Air Force had determined that the two airmen could no longer perform their duties because their career fields required them to deploy frequently and because their condition prevented them from deploying to the U.S. Central Command's area of responsibility, where most airmen are expected to go.
The Associated Press:
Ruling Barring Discharge Of HIV-Positive Airmen Upheld
An injunction barring the Trump administration from discharging two Air Force members who are HIV-positive was upheld Friday by a federal appeals court panel that called the military's rationale for prohibiting deployment of service members living with HIV “outmoded and at odds with current science." (Lavoie, 1/10)
The Washington Post:
Appeals Court Upholds Temporary Ruling Barring Discharge Of HIV-Positive Service Members
Writing for the panel, U.S. Circuit Judge James A. Wynn Jr. said plaintiffs were likely to show the military acted “arbitrarily or capriciously” in violation of the Administrative Procedures Act by discharging service members without an individualized fitness assessment. “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,” Wynn wrote in the 46-page opinion. “But any understanding of HIV that could justify this ban is outmoded and at odds with current science. 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.” (Hus, 1/10)
The Hill:
Federal Court Upholds Block Keeping Air Force From Discharging HIV-Positive Service Members
The lawsuit was first filed by the two airmen in December 2018, accusing the Pentagon of discriminating against service members under a longstanding policy that stipulates that they cannot deploy outside of the country if they test positive for HIV. The Trump administration put forth the new rule in February 2018 that states that those who cannot be deployed outside of the U.S. for a continuous year should be discharged. (Axelrod, 1/10)
