Richmond Appeals Court Hears HIV Case

Appeals court asked to halt discharge of Airmen with HIV

AP News
September 18, 2019 - 2:57 pm

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RICHMOND, Va. (AP) — Lawyers for two Air Force members who are HIV-positive have urged a federal appeals court to uphold an injunction that prevents the Trump administration from continuing with discharge proceedings against them.

The Department of Defense is appealing a ruling by a judge who found that the Air Force is working under policies that are "irrational" and "outdated."

The policies prevented the service members with HIV from deploying outside the U.S. without a waiver and resulted in them being considered "unfit" for continued service.

A Department of Justice lawyer argued before the 4th U.S. Circuit Court of Appeals Wednesday that the policies are based on the potential for HIV transmission during combat.

The Airmen's lawyer said the odds are infinitesimal and should not limit their deployment or lead to their discharge.