""The medical needs of individuals with HIV limit their deployability and the tasks they can perform in military service, and they impose additional costs on the military above those incurred by healthy individuals," the military wrote in its brief. "Thus, at a minimum, there is a rational basis for the military to treat such individuals differently.""
"The DOD's filing also says that HIV-positive soldiers wouldn't be able to give their blood to other injured soldiers in need. The filing notes that both the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) forbid HIV-positive people from donating blood for transfusion to others due to the risks of possible HIV transmission."
"The military notes that hundreds of different medical conditions disqualify people from joining the military, including high blood pressure, diabetes, asthma, limited motion, impaired vision and hearing, food allergies, and communicable diseases like hepatitis, Courthouse News noted."
The U.S. military asked three Republican-appointed judges on the Fourth Circuit to reverse a lower-court order that barred the Department of Defense from discharging HIV-positive service members. The DOD argues HIV-positive service members limit deployability, restrict tasks, and impose additional costs and logistical burdens on the military. The DOD also cites an inability of HIV-positive personnel to donate blood, noting FDA and CDC prohibitions for transfusion. The military compares HIV to many other medical disqualifiers such as hypertension, diabetes, asthma, and communicable diseases. In August 2024, U.S. District Judge Leonie Brinkema ruled in favor of three HIV-positive individuals challenging discharges and enlistment bans.
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