Fourth Circuit Reviews Pentagon’s Ban on Enlisting HIV-Positive Service Members

A full panel of the Fourth Circuit convened in Richmond, Va., to consider a lawsuit against the Pentagon’s rule barring HIV-positive people from military service. Plaintiffs include a transgender former Army soldier, a gay Georgia National Guard member, a cisgender woman denied enlistment, and the advocacy group Minority Veterans of America, who contend the ban violates equal protection and ignores modern treatment that renders the virus undetectable.

The government argues the restriction is justified by the need for regular medication, testing, and the inability of HIV-positive personnel to donate blood, distinguishing enlistment standards from existing service members’ conditions. Judges, including Paul Niemeyer writing for the majority and Harvie Wilkinson, debated whether courts should defer to military expertise on medical matters or apply rational-basis review.

Attorneys highlighted prior rulings that found the policy arbitrary and cited foreign militaries that accept undetectable HIV carriers. The Department of Justice declined comment, and the Defense Department maintains a policy of non-comment on ongoing litigation.