Judge approves Pentagon's settlement with LGBTQ veterans over discharge status
A federal judge gave final approval Wednesday to a class-action settlement between the Defense Department and LGBTQ veterans who were discharged because of their sexual orientation under “don’t ask, don’t tell” and similar earlier policies.
A federal judge gave final approval Wednesday to a class-action settlement between the Defense Department and LGBTQ veterans who were discharged because of their sexual orientation under “don’t ask, don’t tell” and similar earlier policies.
The settlement could affect the more than 35,000 veterans discharged between 1980 and 2011, “because of real or perceived homosexuality, homosexual conduct, sexual perversion, or any other related reason,” according to court documents.
A group of veterans filed the lawsuit in the U.S. District Court for the Northern District of California in August 2023, alleging that the effects of “don’t ask, don’t tell” — which was signed into law by President Bill Clinton in 1993 and was in effect from 1994 to 2011 — violated their constitutional rights.
A veteran visits the grave of Leonard Matlovich in the Congressional Cemetery in Washington on the 10th anniversary of the repeal of "don't ask, don't tell" in 2021. Patsy Lynch / AP fileService members who received less than honorable discharges from the military are disqualified from accessing certain benefits, such as medical care through the Veterans Health Administration and a pension. Those who were honorably discharged but whose discharge form says they separated from the military due to homosexuality could be outed when they are required to present the form to receive benefits or during background checks.
The agreement, which was reached in January, will allow veterans who received a less than honorable discharge because of their sexual orientation to be eligible for an immediate review and an upgrade to an honorable discharge. Veterans who received an honorable discharge, but whose discharge form states that they separated from the armed services because of their sexual orientation, will be able to have that characterization removed from the form within months.
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