Via press release from Lambda Legal:
Today, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling in Roe & Voe v. Esper that halted efforts by the Trump administration to discharge members of the Air Force because they are living with HIV. The decision will allow two active-duty Airmen living with HIV, identified pseudonymously as Richard Roe and Victor Voe, to continue serving in the U.S. Air Force as well as preventing the discharge of any other Airmen living with HIV.
The court ruled that the government’s justifications “fail to account for current medical literature and expert opinion about current HIV treatment and transmission risks.”
The opinion, written by Judge Wynn and joined by Judge Diaz and Judge Floyd, stated: “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. But any understanding of HIV that could justify this ban is outmoded and at odds with current science. 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.”