The fight to allow HIV-positive individuals to enlist in the U.S. military has reached a critical juncture. While a federal judge declared the military’s ban on healthy HIV-positive recruits unconstitutional in August, implementation has been inconsistent. With the Biden administration nearing its end, advocates worry that the progress may be undone under the incoming Trump administration.
The existing ban disproportionately impacts gay and bisexual men, who represent a significant portion of the 1.24 million Americans living with HIV. Despite advancements in antiretroviral treatments that make transmission almost impossible and allow for a near-normal life expectancy, HIV-positive individuals continue to face systemic discrimination in military recruitment. As one HIV-positive applicant noted, the ban denies him the opportunity to serve his country, a value instilled by his family.
While the Defense Department issued guidance to comply with the August ruling, reports indicate that recruiters have failed to adhere to these directives. Advocates, including attorney Scott Schoettes, emphasize that this lack of clarity and urgency undermines the rights of those living with HIV. “It’s a failure of leadership,” said Army Lt. Nick Harrison, who has fought for the rights of HIV-positive service members.
For the LGBTQ community, the stakes are high. This issue is emblematic of broader systemic inequalities that persist despite advancements in science and public health. Advocates argue that rejecting capable recruits based on outdated stigmas weakens the military while perpetuating discrimination.
As the political transition approaches, advocates and allies in Congress, such as Rep. Mike Quigley, are urging the current administration to solidify these gains. Yet, with the Justice Department delaying its response to the court ruling, time is running out. The LGBTQ community remains steadfast, pushing for equality in the armed forces while preparing for potential setbacks under a new administration.