Lgbtq Veterans Reach Historic Settlement With Pentagon Over Military Discharges

A group of LGBTQ veterans who sued the Department of Defense last year for denying them honorable discharges because of their sexuality said Monday they had settled with the Pentagon. 

The agreement, which still needs a federal judge’s approval, streamlines the process for veterans discharged under “don’t ask, don’t tell” and predecessor policies to eliminate references to their sexual orientation from their discharge paperwork.

Doing so can be a burdensome undertaking that under current standards can stretch on for years. The "don't ask, don't tell" policy and its predecessors prevented LGBTQ people from serving openly in the military.

Gay and lesbian veterans denied an honorable discharge because of their sexuality may be eligible for an expedited upgrade review, according to the agreement, the result of a yearlong legal battle. 

Five former service members dismissed from the U.S. military because of their sexual orientation sued the Department of Defense last summer, arguing the agency violated their constitutional rights when it failed to grant them honorable discharges or remove language revealing their sexuality from their service records following the repeal of “don’t ask, don’t tell” in 2011. 

A federal judge allowed the class action lawsuit, which was brought in the U.S. District Court for the Northern District of California and represents more than 30,000 veterans, to move forward in June after the Pentagon moved to dismiss it. U.S. Magistrate Judge Joseph C. Spero wrote in an order that the military’s decision to leave LGBTQ veterans’ discharge paperwork unchanged “was motivated by discriminatory intent.” 

Separation documents assigned to service members discharged under “don’t ask, don’t tell,” a policy put into effect in 1993 by the National Defense Authorization Act (NDAA), denote their sexual orientation as the reason for their dismissal, which the lawsuit’s plaintiffs said violate their privacy. Those discharges also deprive LGBTQ veterans of benefits such as military discounts, college tuition assistance, VA loan programs and more. 

“This settlement is not just about correcting records; it’s about restoring the honor and pride that LGBTQ+ veterans have always deserved but were denied,” one of the named plaintiffs, Navy veteran Lilly Steffanides, said Monday in a statement. “I hope this brings justice to others who served with courage, only to face exclusion and discrimination.” 

“When I was discharged because of my sexual orientation, I felt that my country was telling me that my service was not valuable – that I was ‘less than’ because of who I loved. Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honor is recognized,” said Sherrill Farrell, a Navy veteran who was also a plaintiff in the case. 

The Pentagon in recent years has taken steps to remedy its past indiscretions against LGBTQ service members. In October, hundreds of veterans dismissed under the military’s “don’t ask, don’t tell” policy were granted honorable discharges following a review of administrative separations between 1994 and 2011. 

In June, President Biden pardoned former service members given military convictions under a now-repealed military ban on consensual gay sex. 

Guidance issued by the Department of Veterans Affairs in 2021, on the 10th anniversary of the repeal of “don’t ask, don’t tell,” states military service members discharged under the policy — estimated to be about 14,000 people — are eligible for VA benefits.