The Pentagon has halted training for recently-enlisted HIV-positive troops ahead of a decision from the Department of Defense on whether to impose an indefinite ban, according to CNN.
The Pentagon is moving to reinstate the ban on HIV-positive service members after the Fourth Circuit Court of Appeals ruled last month to pause a 2024 district court ruling that declared that “policies prohibiting the accession of asymptomatic HIV-positive individuals with undetectable viral loads into the military are irrational, arbitrary, and capricious.”
“While awaiting the decision, we are pausing shipping any HIV+ applicants and will follow up in the coming weeks,” the US Military Entrance Processing Command wrote in guidance that was issued by the Office of the Department of Defense, CNN reported.
The move is the latest setback in what has been a years-long struggle by advocates to improve the landscape for service members living with HIV. In 2021, the Department of Veterans Affairs moved to restore benefits and honorable status to veterans discharged due to their sexual orientation or HIV status, and the following year, Lambda Legal won in court on behalf of HIV-positive service members — but the issue continued to bounce around the courts.
The 2024 district court ruling had said such bans “contribute to the ongoing stigma surrounding HIV-positive individuals while actively hampering the military’s own recruitment goals.”
The Trump administration appealed that ruling to the US Court of Appeals for the Fourth Circuit, which is expected to rule on the issue within weeks, according to The Advocate.
The Modern Military Association of America, which has spent 30 years advocating for LGBTQ service members, veterans, and their families, issued a statement on Jan. 22 calling on the Department of Defense to reverse its decision to pause training for new troops and reconsider its potential ban.
“The reported Pentagon pause, coming amid an appellate review of the Wilkins ruling, risks undermining this hard-won victory,” Modern Military Association of America said in a written statement. “Decisions about military service eligibility must be based on sound medical evidence and a commitment to equality, not fear or prejudice. HIV is not a barrier to competent service; with today’s treatments, people who are virally suppressed are not at risk of transmitting the virus and can serve effectively alongside their peers.”
The Modern Military Association of America is calling on the Department of Defense to uphold the previous decision protecting HIV-positive troops; ensure that enlistment policy reflects current medical science; and reject reinstatement of discriminatory bans that would reject qualified recruits. The Pentagon, according to CNN, said a decision on reinstating the ban is “expected in the next few weeks.”
When reached for comment, the Department of Defense referred Gay City News to the Department of Justice. The Department of Justice, in turn, referred Gay City News back to the Department of Defense.
Over the last year, the military has taken multiple steps towards creating a hostile environment for current and former LGBTQ service members — perhaps most visibly through the Trump administration’s ban on trans service members. Some branches of the military also denied retirement benefits for trans troops, while Defense Secretary Pete Hegseth scrubbed Harvey Milk’s name from a military ship.
