Pentagon can ban HIV-positive recruits from US military, conservative appeals court rules

Source: The Independent

Wednesday 18 February 2026 17:11 EST


The Department of Defense can ban recruits living with HIV from joining all branches of the U.S. military after a conservative federal appeals court struck down a decision that removed barriers that disqualified people living with HIV.

Wednesday’s ruling follows a years-long legal battle sparked by three people living with HIV who were barred from joining or rejoining the military due to their diagnoses.

In 2024, a federal judge ruled that the military cannot block recruits solely because of their HIV diagnosis, finding “asymptomatic HIV-positive service members with undetectable viral loads … are capable of performing all of their military duties, including worldwide deployment,” thanks to modern medicine that has “transformed” treatment.

But a three-judge panel of conservative judges — including two appointed by Donald Trump and another appointed by George H.W. Bush — said the Pentagon has a “rational basis” to deny those recruits, even those with undetectable viral loads with no transmission risk.

Read more: https://www.the-independent.com/news/world/americas/us-politics/hiv-military-ban-pete-hegseth-b2923223.html