As part of a historic decision, the Pentagon finally took legal action with more than 35,000 LGBTQ+ military veterans dismissed because of sexual orientation. Several of these veterans received dishonorable discharge status, depriving them of critical services and benefits. The settlement aims to provide redress for those injustices which will ultimately lead to dignity and recognition for those who served honorably.
Because of the settlement, veterans are allowed to avoid tedious legal red tape before receiving revised discharge paperwork that will omit notations about their sexual orientation. For others who were not given an honorable discharge, there will now be a streamlined review process to upgrade their status.
“I watched my value to this country get erased the moment I got the discharge for being gay,” said Sherrill Farrell, a plaintiff in the case and a U.S. Navy veteran. “But today, I once again stand proud to serve my country to champion the cause of veterans like me and ensure our honor is recognized.”
Background of the case
This is a settlement flowing from the class action suit brought about in August 2023 in the U.S. District Court for the Northern District of California. LGBTQ+ veterans stated that the Pentagon has violated their constitutional rights by failing to issue honorable discharges or to remove discriminatory language from service records.
The legal proceedings speak to the long-term damage done by policies like “don’t ask, don’t tell,” which prevented openly gay and lesbian people from serving in the military until it was repealed in 2011. But while the policy has been changed, thousands of veterans discharged under these discriminatory practices continue to bear what has been described as the stigma of discharges less than honorable, which limits their access to VA benefits, tuition assistance, and healthcare.
A decade of unresolved injustices
More than a decade after lifting a blanket ban on the open participation of gay and lesbian people in its ranks, the military has made very few strides in redressing past inequities. Pentagon data show that only 1,375 veterans have changed or upgraded their discharge papers since repeal of “don’t ask, don’t tell.”
It is an investigation by CBS News into how these pending cases have negatively impacted veterans’ lives, from cutting their budgets to lockout from job openings. The settlement would promote an easier route to justice against these systemic failures, including putting into place reforms addressing the processes such settlements involve.
Streamlined process for veterans
This agreement shall simplify the amendments of the records for veterans. Discharged honorable veterans with sexual orientation references could now amend their records by filing for correction. Also, an accelerated review process will be initiated by the Pentagon to upgrade the status of the veterans with other-than-honorable discharge.
According to Elizabeth Kristen, a senior staff attorney at Legal Aid at Work, “This proposed settlement delivers long overdue justice to LGBTQ+ veterans who have served our great country honorably but were stripped of the dignity and recognition they earned as a result of discriminatory discharge policies.”
Addressing systemic failures
The lawsuit said that the Pentagon was giving unreasonable demands for veterans, having them spend months scavenging for old personnel records and plodding through convoluted applications. The settlement transfers that burden to allow them to resolve such issues quickly.
The settlement was not about seeking monetary damages; however, it covered the cost of plaintiffs’ legal fees from the Pentagon in the sum of $350,000.
“This case is not about damages,” said Jocelyn Larkin, one of the attorneys representing the plaintiffs. “It’s about changing that piece of paper because the effect of that change is incredibly consequential for our clients.”
Uncovering the scope of discrimination
The Pentagon identified about 35,000 veterans as affected by such abuses. Nevertheless advocates believe that this figure might be much higher. This settlement could mean the dawn of a new day for recognizing the damage done, not only in wrongful state but also by such settlement in consideration of decades of manifestly discriminatory policies.
Broader implications
This settlement imposed an important demand for continued advocacy and reform in the military and the larger arena. It also speaks volumes on the ongoing struggle to ensure that LGBTQ+ veterans receive the honor and entitlements they earned.
The case reminds us that their legal process goes on, but also edifies us about the resilience of LGBTQ+ veterans in the long fight for justice. More broadly, it indicates a cultural shift within the military, a movement toward equality that seeks to honor all who serve with dignity and fairness.
