Military Ban on HIV-Positive Recruits Gets Full Appellate Review

The full Fourth Circuit said Monday it will review a Defense Department policy that bars people infected with HIV from enlisting in the military.

A three-judge panel of the US Court of Appeals for the Fourth Circuit in February upheld the policy, concluding the military justified the restriction given its need to have servicemembers who can fulfill its mission without medical conditions that could compromise their duties or add excessive costs. The Fourth Circuit voted to rehear the case en banc.

Three individuals and a nonprofit sued DOD officials in 2022, claiming the military’s policy prohibiting enlistment of HIV-positive ...