The Pentagon has agreed to a groundbreaking legal settlement with over 35,000 LGBTQ+ veterans who were dismissed from the military due to their sexual orientation. Many of these veterans were denied honorable discharges and, as a result, were deprived of essential benefits and services they had earned during their service, CBS News reports.
As part of the agreement, veterans whose discharge records cited their sexual orientation as the reason for separation will no longer need to endure a complicated legal process. They will be able to have their discharge paperwork revised to remove any reference to their sexuality. Additionally, those who were denied an honorable discharge will be eligible for an expedited review to upgrade their status.
Sherrill Farrell, a U.S. Navy veteran and plaintiff in the case, shared her experience: “When I was discharged because of my sexual orientation, I felt that my country was telling me my service wasn’t valuable — that I was ‘less than’ because of who I loved. Today, I am proud to stand up for veterans like myself and ensure our honor is recognized.”
The settlement, which still requires approval from a federal judge, seeks to resolve the claims of LGBTQ+ veterans who were dismissed under discriminatory policies before the repeal of “Don’t Ask, Don’t Tell” in 2011. The veterans filed a civil rights lawsuit in August 2023, accusing the Department of Defense of failing to grant them honorable discharges or correct biased language in their records.
The class-action lawsuit, filed in the U.S. District Court for the Northern District of California, argues that the Pentagon’s failure to address these issues constitutes an ongoing violation of constitutional rights.
Although it has been over a decade since the military lifted its ban on openly gay and lesbian troops, many veterans discharged under prior policies still carry less-than-honorable discharges, denying them access to benefits such as VA loans, college tuition assistance, healthcare, and employment opportunities.
A CBS News investigation revealed the Pentagon’s long-standing failure to rectify the service records of thousands of LGBTQ+ veterans who were denied benefits after being forced out due to their sexual orientation. These veterans’ often traumatic separations have had lasting impacts on their lives.
Under the settlement, LGBTQ+ veterans who were honorably discharged but whose separation was due to their sexual orientation will have their records updated to eliminate any reference to it. Veterans who were denied honorable discharges will be entitled to a streamlined review process for an upgrade.
“This settlement provides overdue justice for LGBTQ+ veterans who served with honor but were stripped of recognition and dignity because of discriminatory discharge policies,” said Elizabeth Kristen, senior staff attorney at Legal Aid at Work, which helped file the suit. “This is a vital step toward rectifying a deep injustice and ensuring these veterans receive the respect they deserve.”
In recent months, the Pentagon has made several pledges to address past wrongs against LGBTQ+ veterans. However, both the Pentagon and the Department of Justice declined to comment on the proposed settlement.
When the civil rights suit was initially filed, a Pentagon spokesperson pointed to efforts to streamline the discharge upgrade process, citing a two-page application and the elimination of the need for legal representation. They also noted that discharge review boards strive to resolve 90% of cases within 10 months, as mandated by law.
However, the lawsuit, which was backed by the Impact Fund, Legal Aid at Work, and law firms King & Spalding LLP and Haynes & Boone LLP, criticized this approach as “constitutionally inadequate.” The plaintiffs argued that veterans were still burdened with lengthy delays and the difficulty of retrieving old personnel records before submitting applications.
Although the lawsuit did not seek financial compensation, the settlement includes a $350,000 payment to cover the plaintiffs’ legal fees.
“This case isn’t about financial damages,” explained Jocelyn Larkin, one of the attorneys representing the plaintiffs. “It’s about changing that one piece of paper, which will have an immense impact on our clients’ lives.”
While the exact scope of past discrimination remains unclear, Larkin believes the lawsuit will help at least 35,000 veterans identified in a Defense Department Freedom of Information Act request, first reported by CBS News in June 2023. The total number could be even higher. According to the latest Pentagon data, only 1,375 veterans have received a discharge upgrade or record correction to date.