Judge shuts down Trump administration’s attempt to stop HIV discrimination lawsuit

A federal judge has denied the Trump administration’s request to dismiss a lawsuit filed by two former U.S. military cadets against the military’s inconsistent policies prohibiting people living with HIV from signing up for service.

The lawsuit, filed by former military cadet Kevin Deese and anonymous U.S. Air Force Academy graduate John Doe, alleges that the Department of Defense’s (DoD) policies on HIV-positive recruits are outdated, arbitrary, and violate the Fifth Amendment’s guarantees to due process.

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Both Deese and Doe were discharged after testing positive for HIV even though their superior officers and military healthcare providers thought they could continue serving without special accommodations for their health, according to Metro Weekly. Military policy bars people living with HIV from commissioning as officers, joining the military, or serving in combat zones.

U.S. District Judge Richard Bennett refused to grant the Trump Administration’s request to dismiss all charges, partly because Bennett believed Deese and Doe are likely to succeed on their legal claims.

In his decision, Bennett wrote, “There is simply….

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