On Wednesday, U.S. District Court Judge Leonie M. Brinkema struck down the U.S. Military’s policies prohibiting the commissioning and retention of HIV+ servicemembers. Citing a recent decision by the Fourth Circuit Court of Appeals, Brinkema noted, “Any understanding of HIV that could justify this ban is outmoded and at odds with current science.”
The landmark court decision marks the end of an eight-year battle for SGT Nick Harrison, an HIV+ servicemember serving in the DC National Guard. After completing a JD/MBA between two tours of duty to combat zones in Kuwait/Iraq and Afghanistan, Harrison was selected for a position supporting the Director of the Army National Guard in the Judge Advocate Corps – only to be told that outdated military policies precluded him from receiving an officer’s commission.
The case received widespread media attention and drew the involvement of Lambda Legal and the Modern Military Association of America, as well as former Secretaries of the Army, Air Force, and Navy who supported Harrison and the other plaintiffs in an amicus curiae brief.
The court’s full opinion is available here: https://harrison-stein.com/wp-content/uploads/2022/06/Harrison-v-Austin.pdf
