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Defense Department settles lawsuit with gay veterans & delivers long-overdue justice
The U.S. Department of Defense (DOD) has agreed to settle a lawsuit filed by LGBTQ+ veterans who were discharged from the military because of rules like Dont Ask, Dont Tell that barred them from serving.Under the terms of the settlement, which must be approved by a federal judge, the DOD has agreed to streamline the process by which gay, lesbian, and bisexual veterans who received an honorable discharge can have new paperwork issued that makes no reference to their sexual orientation as the reason for their discharge, CBS News reported. The department has also agreed to streamline the process by which veterans who received a dishonorable discharge because of their sexuality can have their discharge reviewed and upgraded to honorable. Related Gay & bi veterans score a win in court as judge rejects DODs attempt to dismiss case Thousands of veterans are having a hard time clearing their names after they were discharged for being gay. This proposed settlement delivers long-overdue justice to LGBTQ+ veterans who served our country with honor but were stripped of the dignity and recognition they rightfully earned due to discriminatory discharge policies, said Elizabeth Kristen, senior staff attorney with Legal Aid at Work, one of the organizations that represented plaintiffs in the suit. It marks a crucial step in addressing this deep-seated injustice and ensuring these veterans receive the acknowledgment and respect they have long been denied. Stay connected to your community Connect with the issues and events that impact your community at home and beyond by subscribing to our newsletter. Subscribe to our Newsletter today The civil rights lawsuit was filed in August 2023 by a group of five veterans who were discharged from the military due to their sexuality. Four of the plaintiffs received less-than-honorable discharges, which they argued denied them access to benefits they rightfully earned based on their service and also isolated them from the veteran community, which is typically an important source of social and emotional support.Plaintiffs argued that the inclusion of information that identifies them as homosexual on their discharge forms, which veterans are often asked to produce when applying for jobs, apartments, and loans, is a violation of the Equal Protection Clause of the Constitution.Every time they have to show that document they are essentially outed involuntarily, Jocelyn Larkin, one of the lawyers on the case, told CBS News at the time.While a Pentagon spokesperson told CBS at the time that the DOD had already tried to streamline the process of upgrading discharge paperwork, plaintiffs in the suit argued that the current administrative process for clearing a less-than-honorable discharge is lengthy and burdensome. According to the lawsuit, more than 35,000 veterans were discharged or otherwise separated from the military because of real or perceived homosexuality, homosexual conduct, sexual perversion or any other related reason from 1980 to 2011. But as CBS News notes, the actual number may be significantly higher, and the most recent Pentagon data indicates that only 1,375 veterans have received upgraded discharge paperwork or corrections to their military records.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, U.S. Navy veteran Sherrill Farrell, a plaintiff in the case, said following the proposed settlement. Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honor is recognized.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.
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