January 7, 2025 – The US Department of Defence is set to consider granting honourable discharges to over 30,000 gay and bisexual veterans who were barred from military service due to their sexual orientation, according to legal filings on January 6. This move could make the veterans eligible for medical and other benefits.
The department and five plaintiffs have jointly moved for approval of a settlement that would resolve a 2023 proposed class action lawsuit, which claimed that the service members’ constitutional rights to due process and equal protection were violated. The Defence Department has denied any wrongdoing.
The Pentagon’s “Don’t Ask, Don’t Tell” policy, in place from 1993 to 2011, prohibited openly gay and bisexual individuals from serving in the military and mandated “other than honourable” discharges for those who revealed their sexual orientation.
Under the settlement, filed in San Francisco federal court, the Defence Department would establish a streamlined process for veterans to have their sexual orientation removed from discharge paperwork. The department has also agreed to review requests to upgrade veterans’ discharges to honourable.
Chelsea Corey of law firm Haynes Boone, one of the lead attorneys in the case, told Reuters that listing veterans’ sexual orientation on discharge paperwork demonstrated intentional discrimination. Discharges classified as “other than honourable” can prevent veterans from accessing benefits such as healthcare, loans, job opportunities, and tuition assistance.
Corey noted that the settlement would allow affected veterans to finally access medical and other benefits. The deal must be approved by US Magistrate Judge Joseph Spero, who is scheduled to hold a hearing on February 12.
Approximately 14,000 individuals were discharged under “Don’t Ask, Don’t Tell.” Over 20,000 others have been discharged since 1980 due to their actual or perceived sexual orientation, according to filings in the lawsuit.
The Defence Department and the US Department of Justice did not respond to requests for comment.