For decades, the military’s policies regarding HIV have marginalized and discriminated against servicemembers living with the virus. From enlistment bans to career advancement barriers and deployment restrictions, these outdated policies were rooted in stigma and misunderstanding, failing to reflect the significant medical advancements that have made HIV a manageable condition. The fight to challenge these policies has been long and hard-fought, but recent legal victories have set a new standard for fairness and equality.
Having been directly involved in the effort to challenge these discriminatory practices, this article reflects on the progress made, the legal strategies employed, and the role of advocacy in bringing about these long-overdue changes.
Understanding the Military’s HIV Policies
The military’s HIV policies date back to the 1980s, a time when fear and lack of understanding about the virus dominated public health decisions. These policies, which restricted deployment, advancement, and enlistment for individuals living with HIV, remained largely unchanged despite decades of medical progress.
- Deployment Restrictions: Servicemembers with HIV were often categorized as non-deployable, severely limiting their ability to serve in combat zones or overseas assignments. This label not only restricted their career advancement but also contributed to the notion that HIV-positive servicemembers were a liability, despite evidence to the contrary.
- Career Advancement and Discharge: Many servicemembers were denied promotions or discharged simply because of their HIV status, despite maintaining undetectable viral loads and being fully capable of performing their duties.
- Enlistment Ban: Perhaps most egregious was the outright ban on individuals living with HIV from joining the military, regardless of their overall health or fitness for service. This blanket prohibition stood in stark contrast to the realities of modern medicine, which has transformed HIV into a chronic but manageable condition.
My Role in Challenging These Policies
In 2012, when I was diagnosed with HIV, I was told the military was in the process of updating its policies to reflect current science. However, when the rewrite was abruptly canceled, and my requests for a waiver and an exception to policy were denied, I knew change was needed. What followed was a campaign that took years of persistence, coalition-building, and, ultimately, legal action.
I worked alongside advocacy groups like Lambda Legal, the Human Rights Campaign, and many others, meeting with lawmakers to secure favorable language in the 2018 National Defense Authorization Act (NDAA). This provision was a small but significant step forward in addressing the discriminatory nature of the military’s HIV policies.
But legislative progress alone wasn’t enough. Alongside other HIV-positive servicemembers, I became a named plaintiff in landmark litigation, challenging the military’s unjust treatment of those living with HIV. Our efforts culminated in April 2022 when the U.S. District Court for the Eastern District of Virginia struck down the military’s ban on deploying HIV-positive servicemembers, declaring there was no rational basis for the policy. It was the first time the equal protection clause was applied to individuals living with HIV in the military, setting a critical precedent.
The Follow-On Case: Wilkins v. Austin
In a follow-up case, Wilkins v. Austin, the legal fight for fairness reached another historic victory. This case directly challenged the military’s enlistment ban on people living with HIV. The court struck down the restriction, ruling that it was not based on scientific evidence and violated the constitutional rights of those affected.
This ruling was a landmark moment, ending a policy that had prevented countless capable individuals from serving their country solely based on their HIV status. The court’s decision not only reaffirmed the earlier ruling that deployment bans were unjust but also opened the door for individuals living with HIV to enlist and serve without facing institutionalized discrimination.
The Broader Impact of Legal Advocacy
The success of these legal battles is a testament to the power of advocacy, coalition-building, and persistence in the face of entrenched policies. Our efforts have shown that the military, like other institutions, must evolve to reflect scientific advancements and protect the rights of all individuals, regardless of their medical conditions.
These victories represent more than just legal wins—they are steps toward breaking down the stigma that has long surrounded HIV in both the military and society at large. By challenging these policies, we’ve helped to dispel harmful myths about HIV, demonstrating that individuals living with the virus can serve with distinction and without posing any risk to their fellow servicemembers.
Continuing the Fight for Fairness
While these rulings mark significant progress, the fight for fairness is far from over. The military has been slow to fully implement these court decisions, and ongoing vigilance is required to ensure that all servicemembers—current and future—are treated with the dignity and respect they deserve.
The victories in both Harrison v. Austin and Wilkins v. Austin set important legal precedents, but there is more work to be done to ensure that no one is denied the opportunity to serve their country because of outdated policies or discriminatory practices.
Conclusion
Challenging the military’s HIV policies has been about more than just addressing one specific issue. It has been about standing up for the principles of fairness, equality, and justice. The recent court victories represent a turning point in how the military treats HIV-positive servicemembers, but they also serve as a reminder of the importance of continued advocacy in the fight against discrimination.
For those of us who have been involved in this fight, these rulings are the culmination of years of hard work, but they are also just the beginning of a broader movement to ensure that all individuals, regardless of their HIV status, are treated fairly and equitably in all aspects of life.
About the Author: Nick Harrison has extensive knowledge and experience in various aspects of business law. He is skilled in helping clients navigate the complexities of business formation and incorporation, ensuring compliance with licensing requirements, and providing guidance on corporate governance and nonprofit management. He has provided valuable legal counsel to clients in difficult financial situations and he is well-equipped to provide comprehensive legal support for a range of business-related issues.
