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Federal Judge Halts Trump Attempt to Discharge Service Members Deemed ‘Unfit’ Only Because They Are HIV-Positive

Patrick M. Shanahan, Deputy Secretary of Defense, poses for his official portrait in the Army portrait studio at the Pentagon in Arlington, Virginia, July 19, 2017. (U.S. Army photo by Monica King/Released)

A federal judge has issued a ruling from the bench halting the Trump administration’s attempts to discharge service members merely due to their HIV-positive status. The order goes into effect immediately for the U.S. Air Force after two airmen sued Acting Secretary of Defense Patrick Shanahan (photo).

“The two Airmen serving as plaintiffs, who filed pseudonymously, were given discharge orders at the end of last year after being found ‘unfit for continued military service’ despite compliance with medical treatment and physical fitness requirements,” Lambda Legal announced Friday.

The lawsuit was filed by Lambda Legal and OutServe-SLDN, with partner law firm Winston & Strawn.

“These decisions should be based on science, not stigma, as today’s ruling from the bench demonstrates,” Lambda Legal’s Scott Schoettes said, calling the judge’s decision, ” a major victory.”

Equality Cases Files published a copy of the ruling here.

Image via Wikimedia

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