It follows a groundbreaking federal court ruling in April that ordered the DoD - the world’s largest employer - to stop enforcing this discriminatory policy,” said Lambda Legal, which works for full legal and civil rights for lesbians, gay men, bisexuals, transgender people and all those living with HIV. The changes “reflect the reality that HIV is a chronic, treatable condition and presents no risk to the health or safety of others, even in combat situations. The Defense Department changes were applauded by key advocacy groups. Now personnel with HIV “will be referred for appropriate treatment and a medical evaluation of fitness for continued service,” according to Austin’s memo. There are approximately 1,010 HIV-positive active-duty service members in the military, according to the Department’s latest data as of June 2021. Service members are tested at least every two years and before and after deployments, according to a defense official. The Biden administration has already made a decision to not appeal those rulings and move ahead with the changes, according to a defense official.
The policy changes follow a recent federal court decision that ruled Defense Department policies were unlawful. Moreover, they cannot be discharged or separated from military service solely because they are HIV-positive, the memo states. The new policy says that individuals who are HIV-positive, are asymptomatic, and who have a confirmed undetectable viral load will no longer have restrictions applied to them.