Posted on Jan 11, 2020
Court blocks Air Force from discharging HIV-positive service members
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A US appeals court on Friday upheld an injunction blocking the Air Force from discharging two HIV-positive airmen.
The policy, the court ruled, is obsolete.
"A ban on deployment may have been justified at a time when HIV treatment was less effective at managing the virus and reducing transmission risks," a three-judge panel of the 4th US Circuit Court of Appeals wrote.
"But any understanding of HIV that could justify this ban is outmoded and at odds with current science," the ruling continues. "Such obsolete understandings cannot justify a ban, even under a deferential standard of review and even according appropriate deference to the military's professional judgments."
The ruling upheld a lower court's motion last February blocking their pending discharge from the Air Force.
"I am extremely relieved to learn that I can continue to serve this country like any other service member," one of the two airmen said in a statement under the pseudonym "Victor Voe."
"Serving in the U.S. military has been the greatest honor of my life and I'm thrilled to see this court affirm the lower court ruling in our favor," he added. "No one should be discharged or discriminated against because of HIV when it does not interfere whatsoever with our capacity to serve."
Lynn Kirby, an Air Force spokesperson, told CNN, "We have received and respect the court's ruling and are committed to treating all Airmen fairly under the law. However, due to ongoing litigation we cannot provide further comment on this particular case."
The policy, the court ruled, is obsolete.
"A ban on deployment may have been justified at a time when HIV treatment was less effective at managing the virus and reducing transmission risks," a three-judge panel of the 4th US Circuit Court of Appeals wrote.
"But any understanding of HIV that could justify this ban is outmoded and at odds with current science," the ruling continues. "Such obsolete understandings cannot justify a ban, even under a deferential standard of review and even according appropriate deference to the military's professional judgments."
The ruling upheld a lower court's motion last February blocking their pending discharge from the Air Force.
"I am extremely relieved to learn that I can continue to serve this country like any other service member," one of the two airmen said in a statement under the pseudonym "Victor Voe."
"Serving in the U.S. military has been the greatest honor of my life and I'm thrilled to see this court affirm the lower court ruling in our favor," he added. "No one should be discharged or discriminated against because of HIV when it does not interfere whatsoever with our capacity to serve."
Lynn Kirby, an Air Force spokesperson, told CNN, "We have received and respect the court's ruling and are committed to treating all Airmen fairly under the law. However, due to ongoing litigation we cannot provide further comment on this particular case."
Court blocks Air Force from discharging HIV-positive service members
Posted from cnn.com
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Posted 5 y ago
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The basic thing I would worry about is if they were wounded in combat. I question whether HIV can still be transferred via blood, even in folks that are being treated. The virus is still there but in undetectable amounts. My concern would be open wounds on the battlefield and the potential for transmission via blood.
At this point I cannot find any information that support or tears down that question. I have dealt with hundreds of known HIV clients in the OR, and probably hundred that were unknown, thus the use of Universal Precautions. That may not be available on the battlefield.
At this point I cannot find any information that support or tears down that question. I have dealt with hundreds of known HIV clients in the OR, and probably hundred that were unknown, thus the use of Universal Precautions. That may not be available on the battlefield.
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