A federal judge has ruled that the U.S. military cannot bar HIV-positive people whose virus is undetectable from serving in the armed forces.
In an opinion released Tuesday in the case Wilkins v. Austin, U.S. District Judge Leonie Brinkema said that, given changes in treatment and previous rulings that allow service members with HIV to stay in the military or deploy, the Defense Department failed to provide evidence that supports its argument that these potential recruits would be a financial, medical or operational burden.
“Modern science has transformed the treatment of HIV, and this court has already ruled that asymptomatic HIV-positive service members with undetectable viral loads who maintain treatment are capable of performing all of their military duties, including worldwide deployment,” Brinkema wrote in a 38-page opinion in the Eastern District Court of Virginia.
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The case was brought by Isaiah Wilkins and two other HIV-positive plaintiffs who were seeking to enlist or rejoin the military but were prohibited based on their health conditions. Wilkins, a member of the Georgia National Guard, wanted to enlist in the Army Reserve but found out he was HIV-positive during the process.
In a statement issued Tuesday through Lambda Legal, a group that provides legal defense for challenges to LGBTQ+ rights, Wilkins said…
