Many of these veterans were denied an honorable discharge and the services they had rightfully earned. This information was obtained by CBS News.
According to the terms of the settlement, veterans who were discharged due to their sexual orientation can now bypass a lengthy legal process. They will be reissued paperwork that omits any reference to their sexuality. If they were denied an honorable discharge, they will be eligible for an immediate upgrade review, as stated in the agreement.
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Sherrill Farrell, a U.S. Navy veteran and plaintiff in the case, expressed her feelings about the settlement. "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," she said. "Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honor is recognized."
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The settlement, pending approval from a federal judge, would address the claims of a group of LGBTQ+ veterans who were expelled from the military due to their sexual orientation. These veterans filed a federal civil rights suit in August 2023, alleging the Defense Department's failure to grant them honorable discharges or remove biased language from their service records following the repeal of "don't ask, don't tell" in 2011.
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The class-action lawsuit, filed in the U.S. District Court for the Northern District of California, argues that the Pentagon's failure to rectify this "ongoing discrimination" constitutes a violation of constitutional rights.
It has been over a decade since the military lifted its ban on openly gay and lesbian troops. However, thousands of those discharged under past discriminatory policies like "don't ask, don't tell" still bear less than honorable discharges, depriving them of full benefits, including VA loan programs, college tuition assistance, health care, and certain jobs.
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CBS News has documented the Pentagon's ongoing failure to restore honor to the service records of thousands of veterans who were denied veterans benefits after their military careers were prematurely ended. A series of reports highlighted how these veterans' often traumatic separation from the military shaped their lives.
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The settlement would establish a streamlined process for LGBTQ+ veterans who were honorably discharged but whose dismissal was attributed to their sexual orientation. They would be reissued papers that make no reference to their sexuality. For those denied an honorable discharge, the Pentagon would commit to a streamlined upgrade review process.
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Elizabeth Kristen, a senior staff attorney with Legal Aid at Work, a group that assisted in filing the suit, commented on the settlement. "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," she said. "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."
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Over the past year, the Pentagon has made several commitments to rectify the wrongs inflicted on LGBTQ+ veterans. CBS News reached out to attorneys representing the Pentagon in this case but has not yet received a response.
When the civil rights suit was filed, a Pentagon spokesman stated that the military had attempted to streamline the upgrade process to a short, two-page application. The department claimed that legal representation was no longer necessary to apply for a discharge review and that the discharge review boards "continue to strive to finalize 90% of all cases within 10 months as required by statute."
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However, the lawsuit, prepared by the Impact Fund, Legal Aid at Work, and the law firm King and Spalding LLP, labeled this a "constitutionally inadequate" response. They argued that it placed the burden on individual veterans to spend months or years obtaining old personnel records before they could file the applications. These reviews would then take months or years to be processed, they alleged.
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The lawsuit did not seek monetary damages, though the settlement allows the court to approve a $350,000 payment by the Pentagon to cover the plaintiffs' legal costs.
Jocelyn Larkin, one of the lawyers representing the plaintiffs, emphasized the importance of the case. "This case is not about damages," she said. "This case is about simply changing that piece of paper because the effect of changing that piece of paper is so incredibly consequential for our clients."
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The full extent of past discrimination against gay and lesbian service members remains unknown. However, Larkin believes the lawsuit could potentially assist some 35,000 veterans already identified by a Defense Department Freedom of Information Act request, first reported by CBS News in June 2023. The actual figure could be significantly higher. According to the most recent data available from the Pentagon, only 1,375 veterans have been granted relief in the form of a discharge upgrade or correction to their record.