An Air Force laboratory technician collects a blood sample at MacDill Air Force Base, Fla., on Feb. 29, 2024. The U.S. Court of Appeals for the Fourth Circuit clarified Tuesday that a lower-court injunction blocking military restrictions barring some people living with HIV from joining the armed forces has been back in effect since May 18, when the full court agreed to rehear the case. (Zachary Foster/U.S. Air Force)
People who are HIV positive but are otherwise qualified to join the military can once again do so while a legal challenge to the Pentagon’s restrictions on military service moves forward, according to a federal appeals court order issued this week.
The U.S. Court of Appeals for the Fourth Circuit clarified Tuesday that a lower-court order blocking enforcement of the restrictions has been back in effect since May 18, when the full court agreed to rehear the case.
The order applies to applicants who are HIV-positive but asymptomatic and have undetectable viral loads through medication.
The case, Isaiah Wilkins v. Pete Hegseth, was brought by three prospective service members and Minority Veterans of America, a nonprofit advocacy group. They argue that advances in HIV treatment have made the military’s long-standing restrictions on service by people living with HIV obsolete.
The Defense Department did not immediately respond to questions Thursday about whether the latest court decision will result in changes to recruiting policy or the processing of applications from otherwise qualified HIV-positive applicants.
A laboratory technician draws blood from a patient at Whiteman Air Force Base, Mo., on April 22, 2025. A lower-court injunction blocking military restrictions on some people living with HIV from joining the armed forces has remained in effect since May 18, when the U.S. Court of Appeals for the Fourth Circuit agreed to rehear the case. (Joshua Hastings/U.S. Air Force)
U.S. District Judge Leonie Brinkema ruled in August 2024 that the military’s HIV accession policies violate the Constitution and the Administrative Procedure Act.
Brinkema permanently barred the Defense Department from denying entry into military service to the plaintiffs and “other similarly situated asymptomatic HIV-positive individuals with an undetectable viral load.”
The government appealed, and the Fourth Circuit later paused Brinkema’s injunction while the case moved forward. In February, a three-judge panel sided with the Defense Department and upheld the policy.
Government lawyers argued that HIV, which can lead to AIDS if untreated, should remain a disqualifying medical condition because of concerns involving deployability, medical readiness, costs and restrictions imposed by some nations that host U.S. troops.
But on May 18, the Fourth Circuit agreed to rehear the case, setting aside the panel’s decision and paving the way for a new review of the policy. Oral arguments before the full court are expected later this year.
