The Pentagon has announced a groundbreaking settlement affecting over 30,000 LGBTQ+ veterans who faced discharge under the "Don't Ask, Don't Tell" policy. This agreement will allow them to correct their military records more easily, a significant step towards rectifying past injustices.
Introduced by President Bill Clinton in 1994, "Don't Ask, Don't Tell" required LGBTQ+ service members to keep their sexual orientation concealed to serve in the military. This policy led to widespread discrimination, forcing many out of service with dishonorable discharges, and denying them crucial benefits.
In 2023, a pivotal class-action lawsuit, Farrell v. the US Department of Defense, was filed in the US District Court for the Northern District of California. The suit represented a group of LGBTQ+ veterans who argued that the Department failed to grant them honorable discharges or remove discriminatory language from their service records post the repeal of "Don't Ask, Don't Tell" in 2011.
The lawsuit highlighted that dishonorable discharges severely impacted veterans, barring them from receiving full military benefits and infringing upon their constitutional rights.
Announced on January 6, the settlement enables those discharged under "Don't Ask, Don't Tell" or similar policies to bypass a cumbersome legal process and easily update their records, removing any mention of their sexuality.
An honorable discharge indicates that an individual performed their duties competently and adhered to military rules and laws, entitling them to benefits such as loan assistance, medical support, and retirement pay. Conversely, dishonorable discharges strip veterans of these entitlements and can hinder access to civilian government benefits like unemployment assistance and federal student aid.
Jocelyn Larkin, an attorney representing the class-action plaintiffs, emphasized the significance of this process. "Most veterans were reluctant to undertake the arduous process of updating their records," she explained. "Addressing the ongoing effects of this discriminatory policy is crucial."
Navy veteran Sherrill Farrell, one of the case's plaintiffs, shared her experience. Coming from a military family, she was "beyond proud" to enlist in 1985. "Being discharged due to my sexual orientation felt like my country was undervaluing my service," she recalled. "Today, I stand proud once more, advocating for veterans like myself to ensure our honor is recognized."
Lilly Steffanides, another navy veteran, recounted her determination to serve with honor when she joined the military in 1988. "Discriminatory policies led to my unjust discharge, robbing me of my dignity and the benefits I earned," she stated. "This settlement aims to restore the honor that LGBTQ+ veterans deserved but were denied."
Julianne Sohn, a former marine, spoke of embracing the military's core values of honor, courage, and commitment. Yet, the "Don't Ask, Don't Tell" policy's discriminatory impact left lasting scars. "This settlement acknowledges those wrongs and strives to prevent future prejudice against service members," she said.
While the settlement awaits approval by a federal judge, expected to be reviewed by Magistrate Judge Joseph Spero next month, it marks a hopeful turn in addressing past injustices.
Estimates suggest that around 14,000 individuals were discharged due to "Don't Ask, Don't Tell," with over 20,000 affected since 1980 due to their actual or perceived sexual orientation.
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