Department of Defense Pauses Recruitment of People Living with HIV

The Trump administration has paused recruiting people living with HIV, signaling a return to discriminatory enlistment policies. Although people living with HIV were historically barred from enlistment and deployment, recent court rulings have limited these restrictions, recognizing that individuals with undetectable viral loads can safely and effectively serve.

Wilkins v. Hegseth (formerly Wilkins v. Austin) was brought by Lambda Legal, challenging the U.S. military’s policy of banning people living with HIV from enlisting in the U.S. Armed Forces. In August 2024, the U.S. District Court for the Eastern District of Virginia ruled in favor of the plaintiffs, ruling that the ban violated the equal protection component of the Fifth Amendment and the Administrative Procedure Act, and the military began admitting recruits living with HIV. 

The Department of Defense (DoD) appealed the decision to the U.S. Court of Appeals for the Fourth Circuit, where the case is currently under appeal. Last July, CHLP joined ACLU, NASTAD, SERO Project, Whitman-Walker, and Community Resource Initiative in filing an amicus brief in support of the plaintiff.

Written by Kara N. Ingelhart of the LGBTQI+ Rights Clinic, Bluhm Legal Clinic, at Northwestern Pritzker School of Law, the brief argues that the military’s continued ban on enlistment for people living with HIV is scientifically unfounded, discriminatory, and inconsistent with the DoD’s public health mission. The policy reinforces stigma and undermines national efforts to improve HIV outcomes and end the epidemic. 

A decision on the case is expected in the coming weeks.