Lalwani on Military HIV Policy

"Service members living with HIV are confronted with a set of policies regulating everything from their sexual behavior to their ability to hold certain jobs. Some of these rules impose criminal liability. Others make it difficult for people living with HIV to enlist, become commissioned officers, or deploy overseas.The military’s approach was developed in the 1980s, and reflected the bleak outlook for those diagnosed with HIV at the time. Today, however, advances in treatment and prevention have transformed HIV from a deadly disease into a manageable chronic illness—but the military’s policies remain stuck in the past. In addition to being medically unsound, these policies unfairly single out service members with HIV, increase stigma, and are needlessly punitive. They are also vulnerable to legal challenge under the Administrative Procedure Act and the Fifth Amendment. Drawing on interviews with service members, lawyers, and public-health experts, this Comment makes the case for reform."

Read the full comment here.

Editor's note: The Gutierrez case is discussed extensively in the paper.