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A group of LGBTQ veterans who sued the Defense Department last year for denying them honorable discharges because of their sexuality said Monday they had settled with the Pentagon.
The settlement, which still needs approval from a federal judge, streamlines the process for veterans fired under “don’t ask, don’t tell” policies and its predecessors to remove references to their sexual orientation from the registration documentation.
Doing so can be an arduous task that, by today’s standards, can drag on for years. The “don’t ask, don’t tell” policy and its predecessors prevented LGBTQ people from openly serving in the military.
Gay and lesbian veterans who were denied an honorable discharge because of their sexuality may be eligible for an expedited upgrade review, according to to the agreementthe result of a year-long legal battle.
Five former service members were fired from the US military because of their sexual orientation sued the Department of Defense last summer, arguing the agency violated their constitutional rights when it failed to grant them honorable discharges or remove language revealing their sexuality from their service records after the repeal of “don’t ask, don’t tell” in 2011.
A federal judge allowed the class action, which was filed in the US District Court for the Northern District of California and represents more than 30,000 veterans, will move forward in June after the Pentagon moved to dismiss it. U.S. Magistrate Judge Joseph C. Spero wrote in an order that the Army’s decision to leave LGBTQ veterans’ discharge paperwork unchanged “was motivated by discriminatory intent.”
Separation documents assigned to service members discharged under “don’t ask, don’t tell,” a policy put into effect in 1993 by the National Defense Authorization Act (NDAA), list their sexual orientation as the reason of his dismissal, which the Plaintiffs in the suit said violate their privacy. These discharges also deprive LGBTQ veterans of benefits such as military discounts, college tuition assistance, VA loan programs and more.
“This agreement is not just about correcting records; this is about restoring the honor and pride that LGBTQ+ veterans have always deserved but been denied,” one of the named plaintiffs, U.S. Navy veteran Lilly Steffanides, said in a statement Monday. “I hope this does justice to the others who served bravely, only to face exclusion and discrimination.”
“When I was discharged because of my sexual orientation, I felt my country telling me that my service was not valuable, that I was ‘less than’ because of who I loved. Today, once again, I am proud to have served my country by standing up for veterans like myself and making sure our honor is recognized,” said Sherrill Farrell, a U.S. Navy veteran who was also a plaintiff in the case
In recent years, the Pentagon has taken steps to remedy its past indiscretions against LGBTQ service members. In October, hundreds of veterans discharged under the military’s “don’t ask, don’t tell” policy received honorable discharges. after a review of administrative separations between 1994 and 2011.
In June, President Biden pardoned former service members given military convictions under a now repealed military ban on consensual homosexual sex.
Guidance issued by the Department of Veterans Affairs in 2021, on the 10th anniversary of the repeal of “don’t ask, don’t tell,” states that service members discharged under the policy, estimated at about 14,000, are eligible for VA. benefits
