![]() ![]() OutServe-SLDN is also an organizational plaintiff in this case to advance the interests of its members who are living with HIV and serving in the military. military policy identifies servicemembers living with HIV as non-deployable, they face immediate discharge under this Trump policy. The “Deploy or Get Out” policy, unveiled by the Trump administration in February 2018, directs the Pentagon to identify servicemembers who cannot be deployed to military posts outside of the United States for more than 12 consecutive months and to separate them from military service. Now these same deployment restrictions are being used to justify separating servicemembers solely based on HIV status. For years, these policies have restricted the opportunities of servicemembers with HIV. The lawsuit challenges the Pentagon’s discriminatory deployment policies, which prevent servicemembers living with HIV from deploying outside the United States without a waiver. Lambda Legal is suing to stop these separations and will not stop fighting until President Trump understands that there’s not a job in the world a person living with HIV cannot safely perform, including the job of soldier.” “These decisions should be based on science, not stigma. “It’s disgusting that the Trump administration is sending some men and women in uniform home for the holidays without jobs simply because of their HIV status,” said Scott Schoettes, Counsel and HIV Project Director at Lambda Legal. Nevertheless, the plaintiffs were found “unfit for continued military service.” The plaintiffs received notification just days before Thanksgiving, denying their discharge appeals despite compliance with fitness assessments and medical treatment, as well as strong support from commanding officers. District Court for the Eastern District of Virginia.Īs detailed in a Washington Post exclusive, the case was filed anonymously to protect the plaintiffs’ medical privacy. ![]() Lambda Legal and OutServe-SLDN filed the lawsuit, Roe and Voe v. Today, Lambda Legal and OutServe-SLDN, with partner law firm Winston & Strawn, filed a lawsuit on behalf of two HIV-positive members of the United States Air Force who were given discharge orders just days before the holiday season. ![]()
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