Good morning!
We're in (socially distanced) federal court in VA today arguing against the Trump administration on behalf of two active-duty Airmen & a sergeant in the DC Army National Guard who have all faced discrimination because they live with HIV.
Follow along for updates!
First, some background:
Both suits have been brought by us & partners at @LGBTQ_Military and @WinstonLaw. Roe and Voe v. Esper is on behalf of two HIV-positive members of the Air Force who were given discharge orders just days before the 2018 holidays. lambdalegal.org/in-court/cases…
In January, the Fourth Circuit upheld a preliminary injunction Pentagon from discharging the two Airmen. More about that here. lambdalegal.org/blog/20200110_…
The second suit is on behalf of Nick Harrison, a sergeant in the D.C. Army National Guard, who was denied the opportunity to serve as an officer and in a position in the Judge Advocate General (JAG) Corps because he is living with HIV. lambdalegal.org/in-court/cases…
Today, our HIV Project Director @PozAdvocate is arguing on behalf of our plaintiffs that the Pentagon’s categorical bar to the enlistment, deployment, or commissioning of people living with HIV is unconstitutional.
We're asking the court to recognize what the government refuses to acknowledge: that people living with HIV are as capable, safe, and healthy to serve as anyone. It is unconstitutional to deprive them of this opportunity because of outdated science and continuing prejudice.
Also worth noting that we won a victory in a similar case just a few weeks ago, on behalf of two former cadets who were denied commissions as officers in the Navy and Air Force after graduating from their respective service academies. lambdalegal.org/blog/20200903_…
The defense argues that allowing servicemembers living with HIV to deploy puts their colleagues at risk. However, the judge recognizes that the risk of transmission from those taking their medication as prescribed is extremely low, if not nonexistent.
In fact, despite the defense's insistence that deploying people living with HIV would put others on the battlefield at risk, there are no documented cases of HIV transmission through wound-to-wound exposure.
.@PozAdvocate notes that discharging people living with HIV (PLWH) is counter to military policies. Air Force regulation 44-178, for example, states that HIV seropositivity alone is not grounds for medical separation. The US Navy has also proceeded with deploying PLWH.
Ultimately, the policies our plaintiffs are challenging hinge on the fact that the defense maintains an outright bar to the deployment of servicemembers living with HIV. We have presented countless arguments today and in our briefing that prove this is unconstitutional.
It is unacceptable that even in the face of tremendous medical advances, the Trump administration continues to erect new barriers to the military service of people living with HIV. These discriminatory actions deny important career opportunities and perpetuate stigma.
Proud to bring this case on behalf of Sgt. Nick Harrison and two Air Force members who want to serve. These policies are irrational, fear-based, discriminatory, and ignore the science and strides that have been made in #HIV diagnosis and treatment. lambdalegal.org/blog/20200915_…
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