What the Military’s HIV Enlistment Fight Means in Rutherford County

When federal judges in Richmond take up a case about who can and cannot join the U.S. military, the impact reaches far beyond the courtroom. Locally, in Rutherford County, where military service is a common pathway for young adults and where veterans’ issues shape daily community life, a new legal battle over a disease and enlistment standards could have real consequences.

Human immunodeficiency virus (HIV) is a virus that attacks the body's immune system. Acquired immunodeficiency syndrome (AIDS) occurs at the most advanced stage of infection. HIV targets the body's white blood cells, weakening the immune system. Yesterday, the Fourth Circuit Court of Appeals heard arguments on whether the Pentagon should be allowed to reinstate its long-standing policy disqualifying civilians with HIV from enlisting, even if they are asymptomatic and maintain an undetectable viral load. A lower court had struck down that rule earlier in the year, finding it violated equal protection principles and the Administrative Procedure Act.

The Defense Department wants that decision reversed. Attorneys told the panel that the military must consider readiness above all else, arguing that “the medical needs of individuals with HIV limit their deployability and the tasks they can perform in military service, and they impose additional costs on the military above those incurred by healthy individuals.” They warned that in high-stress or remote environments, “medical treatment is unreliable,” and pointed to situations where troops depend on fellow service members to donate blood in emergencies.

Advocates for the plaintiffs pushed back, saying the ban is driven by fear rather than science. Lambda Legal attorney Scott Schoettes called the policy the product of “misconceptions and irrational fear… since the very beginning of the epidemic.” He reminded the court that modern treatment allows most people with HIV to stay healthy on a daily medication routine — and that, according to the CDC, those who maintain undetectable viral loads cannot transmit the virus sexually.

Judges pressed both sides on whether the military is singling out HIV compared to other chronic, manageable conditions. One judge asked why HIV should be treated differently from high blood pressure or asthma. Schoettes said that a recruit with hypertension may actually face worsening health over time, whereas someone who adheres to HIV treatment “will remain in the same condition.”

For Rutherford County, the outcome isn’t an abstract policy debate. Local recruiters continue to navigate ongoing national enlistment shortages. Families across the region rely on military service for careers, stability, and education benefits. Dozens of active service members came to assist the Chimney Rock and Lake Lure community after Hurricane Helene. 

A ruling that reinstates the ban would limit eligibility for some potential applicants locally — and could reinforce stigma at a time when veterans’ groups are working to expand access to care and support. 

Advocates also note that other nations — including the United Kingdom, France, and Australia — allow people with undetectable viral loads to serve. As Lambda Legal senior counsel Gregory Nevins said, “These people are healthy… So why would you exclude them? Especially… now, when you’re having these challenges?”

The Fourth Circuit has not announced when it will rule, but whatever the outcome, the decision will apply across the states it covers, including North Carolina.