The U.S. Department of Defense may grant honorable discharges to over 30,000 gay and bisexual veterans previously barred from serving due to their sexual orientation, legal filings revealed Monday. This move could restore access to medical care and other benefits for these veterans.
The potential settlement, filed in San Francisco federal court, stems from a 2023 class-action lawsuit alleging violations of servicemembers’ constitutional rights to due process and equal protection. The Pentagon denied wrongdoing but agreed to streamline the process for removing references to sexual orientation from discharge records and to review requests to upgrade discharges to honorable.
From 1993 to 2011, the “Don’t Ask, Don’t Tell” policy prohibited openly gay and bisexual individuals from serving in the military and led to “other than honorable” discharges for those who disclosed their sexual orientation. Such discharges often restricted veterans’ access to healthcare, loans, tuition assistance, and job opportunities.
Chelsea Corey, an attorney with Haynes Boone, emphasized that including sexual orientation on discharge paperwork highlighted intentional discrimination. She noted the settlement could enable affected veterans to finally access long-denied benefits.
The agreement, pending approval by U.S. Magistrate Judge Joseph Spero at a February 12 hearing, could impact more than 14,000 individuals discharged under “Don’t Ask, Don’t Tell” and over 20,000 others discharged since 1980 for their real or perceived sexual orientation.
The Defense and Justice Departments did not comment on the filings.
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