Pentagon Settles Lawsuit Over LGBTQ+ Veteran Discharges

Case Overview: The Pentagon has reached a settlement in a lawsuit over discriminatory discharges of LGBTQ+ veterans under the "Don't Ask, Don't Tell" policy.

Who's Affected: LGBTQ+ veterans discharged under the "Don't Ask, Don't Tell" policy.

Court: U.S. District Court for the Northern District of California

A long-standing lawsuit involving the U.S. military and LGBTQ+ veterans has reached a potential resolution. The Pentagon has agreed to a settlement aimed at addressing the lingering effects of the controversial "Don’t Ask, Don’t Tell" (DADT) policy. This agreement could offer thousands of veterans a faster path to correct their discharge records and restore access to long-denied benefits.

The settlement was filed in the U.S. District Court for the Northern District of California and awaits preliminary approval. It aims to rectify decades of discrimination faced by LGBTQ+ service members discharged under the now-defunct policy.

Pentagon Accused of Failing to Address Harm Caused by "Don't Ask, Don't Tell"

The DADT policy, implemented in 1993, prohibited military personnel from openly identifying as LGBTQ+. Although it was repealed in 2011, many veterans who were discharged under the policy still carry its repercussions on their service records. These records often indicate their sexual orientation, which has led to stigma and difficulty accessing veterans’ benefits.

The settlement outlines streamlined procedures for veterans to request updates to their records. Those with honorable or entry-level discharges can now pursue changes through an administrative process, significantly reducing the burden of navigating individual claims.

“This settlement acknowledges the discrimination many veterans endured and aims to correct the injustice in a meaningful way,” said Lilly Steffanides, a Navy veteran and one of the plaintiffs.

Settlement Aims to Correct Discriminatory Discharges and Restore Benefits

The proposed agreement focuses on expediting the process for reviewing discharge records. Veterans previously required to file individual applications can now seek corrections in larger groups. This change is expected to provide faster access to benefits such as healthcare, housing, and educational assistance.

Veterans affected by DADT can request updates to their discharge characterizations, removing references to sexual orientation and upgrading their records to reflect honorable service. This initiative is part of the Pentagon’s broader effort to address historical inequities within the military.

Plaintiffs Seek Justice for LGBTQ+ Veterans

The lawsuit was brought forward by a group of LGBTQ+ veterans seeking justice for the harm caused by DADT. Plaintiffs allege the policy resulted in unjust discharges that denied them dignity and long-term benefits. The settlement seeks to represent approximately 35,000 veterans who may be eligible for these updates.

“This proposed agreement isn’t just about paperwork; it’s about restoring the honor these veterans earned through their service,” said Jocelyn Larkin, an attorney representing the plaintiffs.

The Pentagon began proactively reviewing discharges in October 2022, but this settlement is expected to accelerate the process and provide tangible outcomes as early as this summer.

The repeal of DADT marked a pivotal shift in the military’s stance on LGBTQ+ service members. While the integration of openly gay and lesbian troops has been widely recognized as a success, many veterans discharged under the policy still face barriers due to outdated records.

This settlement builds on efforts to address those barriers, ensuring veterans receive the recognition and benefits they earned.

Next Steps in Finalizing the Settlement

The U.S. District Court for the Northern District of California will review the proposed agreement for preliminary approval. Once finalized, the settlement will establish new procedures for reviewing discharge records, offering affected veterans a more accessible path to restoring their service history and accessing benefits.

Are you a veteran affected by the 'Don't Ask, Don't Tell' policy? Share your thoughts on this settlement in the comments below.