Pride flag waving in the wind. (Photo: Benson Kua)
A class-action lawsuit has been filed against the U.S. Department of Defense by five LGBTQ+ Veterans, alleging discrimination against up to 35,000 Veterans who were prevented from serving due to their sexual orientation.
The plaintiffs’ goal is to upgrade Veterans’ discharges to honorable status and eliminate references to their sexual orientation in military records. The lawsuit claims that the military’s retention of records under the “Don’t Ask, Don’t Tell” policy violates Veterans’ constitutional rights to due process and equal protection.
The “Don’t Ask, Don’t Tell” policy, implemented in 1993, prohibited openly gay, lesbian, and bisexual individuals from military service and led to discharges for LGBTQ+ individuals who disclosed their sexual orientation. Approximately 14,000 were discharged under this policy, with over 20,000 others discharged since 1980 due to their actual or perceived sexual orientation.
Discharges labeled as “other than honorable” can result in Veterans being denied benefits such as healthcare, loans, job opportunities, and tuition assistance. The lawsuit asserts that this system unfairly burdens LGBTQ+ Veterans, forcing them to undergo a complex and lengthy process to rectify their records.
While the “Don’t Ask, Don’t Tell” policy was repealed in 2011, the lawsuit highlights the enduring consequences for Veterans with less than honorable discharges. The plaintiffs seek a comprehensive review of discharges related to sexual orientation and the issuance of honorable discharges when warranted.
The lawsuit does not seek monetary damages but demands systematic upgrades of discharge papers, DD-214, to remove indicators of sexual orientation. This record is vital for Veterans accessing benefits, employment, and housing.
This lawsuit echoes the voices of thousands of LGBTQ+ Veterans who have faced discrimination long after serving their country. The plaintiffs are striving for recognition and justice, emphasizing that changes to their discharge papers hold significant consequences for their lives. By addressing this systemic issue, the plaintiffs hope to rectify past injustices and secure a more equitable future for LGBTQ+ Veterans.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
