LGBTQ vets class action overview:
- Who: LGBTQ service members filed a lawsuit against the U.S. Department of Defense.
- Why: The plaintiffs allege veterans discharged under the military’s former “don’t ask, don’t tell” ban on LGBTQ service members continue to face discrimination.
- Where: The LGBTQ vets class action lawsuit was filed in a California federal court.
A group of LGBTQ veterans filed a lawsuit against the U.S. Department of Defense, alleging they and tens of thousands of others faced discrimination after being discharged under the military’s former “don’t ask, don’t tell” ban on LGBTQ service members.
On June 20, a California federal judge denied the military’s attempt to dismiss the case, saying the claims can proceed for now.
The plaintiffs allege they face barriers to accessing the benefits offered to veterans because their discharge paperwork says they were dishonorably expelled from the military when they were only discharged due to their sexual orientation, the class action lawsuit states.
U.S. Magistrate Judge Joseph C. Spero nodded to these “extensive” allegations in his order, which acknowledged the alleged trauma inflicted by the approach the military took to handling sexual orientation.
Gov’t failed to correct discharge notices, class action claims
The veterans first filed their claims in 2023. They allege LGBTQ veterans cannot receive health care, housing and unemployment benefits because of their dishonorable discharge statuses, according to the class action lawsuit. The plaintiffs also say the government failed to correct discharge DD-214 forms to show honorable discharges following the repeal of “don’t ask, don’t tell” policies in 2010.
However, the Department of Defense says the agency has already been fixing the harm the plaintiffs seek to repair, the lawsuit states. It says military correction boards have granted record corrections to 1,400 service members discharged for being a member of the LGBTQ community.
The plaintiffs say these efforts aren’t enough because the military dishonorably expelled more than 35,000 service members from 1980 to 2011 for their sexual orientation, according to the class action lawsuit.
‘Don’t Ask, Don’t Tell’? Repealed in 2010
President Bill Clinton introduced the “Don’t Ask, Don’t Tell” policy in 1993 as a compromise measure to allow gay, lesbian and bisexual individuals to serve in the U.S. military without facing open discrimination or discharge due to their sexual orientation.
Prior to DADT, the military barred LGBTQ people from service. Under DADT, military personnel were not required to disclose their sexual orientation and military officials were not to inquire about it. Despite its intention to provide a middle ground, the military discharged more than 13,000 service members under the policy.
The repeal of DADT gained momentum during President Barack Obama’s administration. In 2010, Congress passed legislation to repeal DADT. This change allowed gay, lesbian and bisexual service members to serve openly without fear of discharge due to their sexual orientation.
Meanwhile, consumers have recently filed class action lawsuits alleging various violations of the Servicemembers Relief Act. A pair of military veterans filed a class action lawsuit against Synchrony Bank over claims the financial institution imposes an interest rate penalty on servicemembers and veterans who leave active duty. And a staff sergeant in the U.S. Marine Corps filed a class action lawsuit against Ally Financial over claims the company breached its duty with military service members by failing to let them terminate their motor vehicle leases.
What do you think of the veterans’ allegations? Let us know in the comments!
The veterans are represented by Jocelyn Larkin of The Impact Fund, Elizabeth Kristen of Legal Aid at Work and David Willingham of King & Spalding LLP.
The LGBTQ veterans class action lawsuit is Farrell et al. v. U.S. Department of Defense et al., Case No. 3:23-cv-04013, in U.S. District Court for the California Northern District.
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