The Department of Defense has agreed to settle a lawsuit that has lasted more than a decade involving 35,000 LGBTQ+ veterans who claimed their access to benefits was affected by the Pentagon’s prior “Don’t Ask, Don’t Tell” policy which banned gay troops.
Under the terms of the agreement, announced Jan. 6, class members would have the opportunity, as early as this summer, to request changes to their discharge papers as well as an upgrade to honorable discharge status.
“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. 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,” Jocelyn Larkin, an attorney on the plaintiffs’ legal team, shared in a statement.
King & Spalding and its pro bono partners filed the class action suit in August 2023 in the Northern District of California. In a ruling issued on June 20, 2024, Judge Joseph Spero denied the DOD’s motion to dismiss veterans’ claims for equal protection and due process violations related to the military’s failure to remove sexual orientation indicators on their discharge paperwork.
The "Don't Ask, Don't Tell" policy was put into place in 1993 by the Clinton administration and remained in place for almost 20 years before it was ended by the Obama administration in 2011. If a service member was discovered to be homosexual during the time of the ban, they faced being other-than honorably discharged, meaning they don’t have automatic access to VA benefits or health care.
Navy veteran Lilly Steffanides, one of the plaintiffs in the case, told NPR that the settlement means more than simply fixing past records.
“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,” she said. “I hope this brings justice to others who served with courage only to face exclusion and discrimination.”
The Pentagon announced in October of 2024 that it would hold a proactive review of discharges that occurred while the policy was in place.
California’s Northern District Court must approve the settlement before it becomes final.
Reach Julia LeDoux at Julia@connectingvets.com.