Richard ROE; Victor Voe; OutServe-SLDN, Inc., Plaintiffs-Appellees
v.
United States DEPARTMENT OF DEFENSE; Mark T. Esper, in his official capacity as Secretary of Defense; and Barbara M. Barrett, in her official capacity as Secretary of the Air Force, Defendants-Appellants.
HIV Medicine Association; American Academy of HIV Medicine; GLMA: Health Professionals Advancing LGBT Equality; Infectious Diseases Society of America; Secretary Eric K. Fanning; Secretary Deborah Lee James; Secretary Ray Mabus; Dr. Lawrence J. Korb; Rear Admiral Alan M. Steinman; Captain Thomas T. Carpenter; Aids United; the American Public Health Association; Duke Law Health Justice Clinic; Southern Aids Coalition; the National Alliance of State and Territorial Aids Directors; NMAC, Amici Supporting Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Affirmed by published opinion. Judge Wynn wrote the opinion, in which Judge Diaz and Judge Floyd joined.
WYNN, Circuit Judge:
Richard Roe and Victor Voe are active-duty members of the Air Force.1 They were discharged when the Air Force determined that their chronic but managed illness—HIV—makes them unfit for military service. Roe and Voe sought a preliminary injunction to maintain the status quo while they...
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