Barring HIV+ Officers Has ‘No Rational Basis,’ Judge Says

A U.S. military policy that blocks HIV-positive service members from being commissioned as officers has “no rational basis,” a federal judge said in declining to throw out claims brought by graduates of two military academies.

Suit Proceeds: Five of the 10 claims in the lawsuit, including equal protection under the Constitution, survived the government’s motion to dismiss the case in a ruling yesterday by U.S. District Judge Richard D. Bennett in Baltimore. The ruling allows the suit to proceed toward a possible landmark trial.

Equal Protection: “There is simply no basis to hold that officers must be free from HIV ...