The Pentagon has agreed to settle a class-action lawsuit, potentially benefiting approximately 30,000 LGBTQ+ veterans who were denied honorable discharges due to their sexual orientation.
At a Glance
- Settlement will help LGBTQ+ veterans update discharge papers and access benefits.
- Applies to veterans separated under “don’t ask, don’t tell” and earlier policies.
- Aims to restore honor and recognition for LGBTQ+ veterans’ service.
- Could allow affected veterans to request record changes as early as summer 2025.
Pentagon Agrees to Landmark Settlement
The U.S. Department of Defense has reached a pivotal legal settlement in a class-action lawsuit filed by LGBTQ+ veterans. This agreement could potentially impact an estimated 30,000 former service members who were denied honorable discharges or had their discharge papers marked with references to their sexual orientation. The settlement, if approved by a federal judge, would allow these veterans to update their records and access crucial benefits that have long been denied to them.
The lawsuit, known as Farrell vs. Department of Defense, was filed in August 2023 by five veterans who claimed the Pentagon failed to grant honorable discharges or remove language about their orientation from service records following the 2011 repeal of the “don’t ask, don’t tell” policy. This policy, in effect from 1994 to 2011, prohibited LGBTQ+ service members from being open about their orientation and allowed for administrative separation if it became known.
Impact on Veterans’ Lives
For many LGBTQ+ veterans, the consequences of less-than-honorable discharges have been severe. These discharges typically prevent access to Veterans Affairs benefits, including healthcare, education, and job networks. Some veterans faced stigma leading to issues like addiction and homelessness. The proposed settlement aims to address these injustices by expediting the review process for discharges under “don’t ask, don’t tell,” allowing for group reviews and quicker access to benefits.
The settlement is seen as a historic step forward in providing LGBTQ+ veterans the opportunity to correct their discharge records and restore their dignity. It applies not only to those affected by “don’t ask, don’t tell” but also to veterans separated under earlier similar policies.
Path to Implementation
If approved, the settlement could allow affected veterans to request record changes as early as summer 2025. The Pentagon has already shown progress in addressing these issues, having reviewed 851 cases of veterans who had not appealed their dishonorable discharges, with 96.8% receiving some form of relief. However, advocacy groups argue that ongoing discrimination persisted even after the repeal of “don’t ask, don’t tell,” necessitating this broader settlement.
While the Pentagon has referred comments to the Justice Department, which declined to comment, the settlement has been met with positive reactions from veterans and advocacy groups. Sherrill Farrell, a Navy veteran and lead plaintiff in the case, expressed being overwhelmed by the news of the settlement, highlighting the emotional impact this decision has on those affected.
Pentagon agrees to historic legal settlement with LGBTQ+ veterans https://t.co/IMHwIEM3Xd via @CBSNews
— Kathryn Watson (@kathrynw5) January 6, 2025
As this landmark settlement moves toward implementation, it represents a significant step in addressing historical biases within the military against LGBTQ+ members. It not only recognizes past sacrifices but also demonstrates a commitment to creating a more equitable and inclusive military structure for future service members.
Sources:
- LGBTQ veterans reach historic settlement with Pentagon over military discharges
- Pentagon agrees to settle with LGBTQ+ vets over ‘don’t ask, don’t tell’ discharges
- Pentagon Reaches Settlement With Veterans Dismissed Over Sexuality
- Pentagon agrees to settle historic lawsuit with LGBTQ+ veterans over discharge status
