Today, OutServe-SLDN AND Lambda Legal, with partner law firm Winston & Strawn, filed a lawsuit
on behalf of two HIV-positive members of the United States Air Force
who were given discharge orders just days before the holiday season.
Lambda Legal and OutServe-SLDN filed the lawsuit, Roe and Voe v. Mattis,
in the U.S. District Court for the Eastern District of Virginia. The
case was filed anonymously to protect the plaintiffs’ medical privacy.
As detailed in a Washington Post exclusive,
the plaintiffs received notification just days before Thanksgiving,
denying their discharge appeals despite compliance with fitness
assessments and medical treatment, as well as strong support from
commanding officers. Nevertheless, the plaintiffs were found “unfit for
continued military service.”
“Anyone willing to put their life on the line to defend our country deserves respect, not discrimination,” said Peter Perkowski, Legal & Policy Director of OutServe-SLDN.
“These Airmen are acknowledged leaders and good at their jobs. They
have served honorably for many years. They have the support of their
commanders and medical personnel, who state that having HIV will not
affect their ability to do their jobs. There is simply no justification
for this decision.”
The lawsuit challenges the Pentagon’s discriminatory deployment
policies, which prevent Service members living with HIV from deploying
outside the United States without a waiver. For years, these policies
have restricted the opportunities of Service members with HIV. Now these
same deployment restrictions are being used to justify separating
Service members solely based on HIV status. The “Deploy or Get Out”
policy, unveiled by the Trump administration in February 2018, directs
the Pentagon to identify service members who cannot be deployed to
military posts outside of the United States for more than 12 consecutive
months and to separate them from military service. Since current U.S.
military policy identifies service members living with HIV as
non-deployable, they face immediate discharge under this Trump policy.
OutServe-SLDN is also an organizational plaintiff in this case to
advance the interests of its members who are living with HIV and serving
in the military. Along with Harrison v. Mattis and Deese and Doe v. Mattis,
this is the third lawsuit that OutServe-SLDN and Lambda Legal have
brought to challenge military policies that discriminate against people
living with HIV.
“It’s disgusting that the Trump Administration is sending some men and
women in uniform home for the holidays without jobs simply because of
their HIV status,”said Scott Schoettes, Counsel and HIV Project Director at Lambda Legal.
“These decisions should be based on science, not stigma. Lambda Legal
is suing to stop these separations and will keep fighting until
President Trump understands that there’s not a job in the world a person
living with HIV cannot safely perform, including the job of soldier.”
The case is entitled Roe and Voe v. Mattis, et al. Joining
Lambda Legal and OutServe-SLDN on the legal team are attorneys from
Winston & Strawn LLP, serving as pro bono counsel.