The order resets a high-stakes legal fight over whether people living with HIV can be categorically excluded from military service under a p
Christopher Wiggins at The Advocate:
A federal appeals court has revived a major challenge to the U.S. military’s HIV enlistment ban, reopening a closely watched case that could determine whether people living with HIV can continue to be categorically barred from serving. In an order issued May 18, the full U.S. Court of Appeals for the Fourth Circuit agreed to rehear Wilkins v. Hegseth, vacating a February ruling by a three-judge panel that upheld the Pentagon’s restrictions on recruits living with HIV. The rare move resets the case and gives advocates another opportunity to dismantle one of the military’s last remaining HIV-specific exclusions. Oral arguments before all active judges on the Richmond-based court are tentatively scheduled for September. The case centers on Isaiah Wilkins, a former Army reservist who was accepted into the U.S. Military Academy Preparatory School before being disenrolled after testing positive for HIV. Wilkins, alongside two additional plaintiffs and Minority Veterans of America, sued the Defense Department over policies that prevent people living with HIV from joining or rejoining military service.
Good news: The 4th Circuit Court revives challenge to The Pentagon’s HIV exclusion policy.
See Also:
LGBTQ Nation: Federal court vacates ruling against people with HIV serving in the military & agrees to rehear case
