RICHMOND, Va. (AP) – A federal appeals court has upheld an injunction barring the Trump administration from discharging two Air Force members who are HIV-positive.
The airmen sued in 2018, arguing that there is no rational basis for prohibiting deployment of service members with HIV. The men argue that major advancements in treatment mean the airmen can easily be given appropriate medical care and present no real risk of transmission to others.
A U.S. District Court judge in Maryland issued a preliminary injunction after finding that the Air Force is working under “irrational” and “outdated” policies. The ruling Friday from a three-judge panel of the 4th U.S. Circuit Court of Appeals means the injunction will remain in place while the men challenge their discharges at a trial.
The Department of Justice said the Air Force determined that the two airmen could no longer perform their duties because their career fields required them to deploy frequently and because their condition prevented them from deploying to the U.S. Central Command’s area of responsibility, where most airmen are expected to go.
Central Command, which governs military operations in the Middle East, North Africa and Central Asia, prohibits personnel with HIV from deploying without a waiver.