HIV-Positive Service Members Targeted by Trump Win Partial Victory

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03/27/2020

A federal judge has refused the Trump administration’s request to remove the Modern Military Association of America from a lawsuit challenging discrimination against HIV-positive service members, meaning a greater number of troops will be protected from discharge now and that all service members with HIV will be protected if the suit succeeds. The MMMA is a plaintiff in what originated as two suits, one challenging the discharge of Air Force members and the other of people serving in the Army. There are certain named plaintiffs in both suits — the pseudonymous Richard Roe and Victor Voe in the Air Force suit and Nicholas Harrison in the Army suit. The cases are now proceeding as a joint lawsuit. The Department of Defense had argued that the MMMA, formerly known as OutServe-SLDN, did not have legal standing to sue over the discharge of HIV-positive troops because it had not been directly harmed.

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