Pentagon Reaches Settlement With LGBTQ+ Veterans

Pentagon sign flanked by flags, Washington, D.C.

The Pentagon has reached a settlement to benefit approximately 30,000 LGBTQ+ veterans, allowing them to update their discharge papers and access previously denied benefits.

At a Glance

Settlement allows LGBTQ+ veterans to remove references to sexual orientation from discharge papers.
Applies to veterans separated under “don’t ask, don’t tell” and earlier similar policies.
Aims to restore honor and recognition for LGBTQ+ veterans’ service.
Could enable affected veterans to request record changes as early as summer 2025.

Pentagon Settles Lawsuit, Paving Way for LGBTQ+ Veterans’ Benefits

The U.S. Department of Defense has agreed to settle a class action lawsuit that could significantly impact the lives of approximately 30,000 LGBTQ+ veterans. This landmark settlement aims to address historical inequities by allowing these veterans to update their discharge papers, removing references to their sexual orientation and potentially upgrading their discharge status. This change is crucial for many who have been denied access to vital veterans’ benefits such as health care, disability support, and educational assistance due to less-than-honorable discharges or related notations in their service records.

The settlement primarily affects service members separated under the “don’t ask, don’t tell” policy, which was in effect from 1994 to 2011, as well as those discharged under earlier similar policies. The “don’t ask, don’t tell” era prohibited LGBTQ+ service members from being open about their orientation and allowed for administrative separation if it became known. While most of the 13,000 service members separated under this policy received honorable discharges, about 2,000 received dishonorable discharges, severely limiting their access to veterans’ benefits and support systems.

Streamlining the Review Process

The proposed settlement aims to simplify and expedite the process of upgrading discharges and removing preferred partner references from paperwork. Previously, the Defense Department had streamlined procedures for discharge review, but plaintiffs argued that the process remained inadequate due to the burden of obtaining old personnel records. Under the new agreement, affected veterans will be eligible for an immediate review to upgrade their discharges, potentially allowing for group reviews and quicker access to benefits.

The settlement is a result of the federal civil rights lawsuit, Farrell vs. Department of Defense, filed by five veterans in August 2023. The lawsuit claimed that the Pentagon failed to grant honorable discharges or remove language about their orientation from service records after the 2011 repeal of “don’t ask, don’t tell.” This legal action highlighted the ongoing challenges faced by LGBTQ+ veterans in correcting their discharge records and accessing the benefits they earned through their service.

Impact on Veterans’ Lives

For many LGBTQ+ veterans, the consequences of less-than-honorable discharges have been severe. These discharges typically prevent access to Veterans Affairs benefits, including healthcare, education, and job networks. This lack of support has led to issues such as addiction and homelessness for some veterans, underscoring the critical nature of this settlement in restoring dignity and providing necessary assistance to those who served their country.

The settlement, if approved by a federal judge, could allow affected veterans to request record changes as early as summer 2025. This marks a significant step forward in providing LGBTQ+ veterans the opportunity to correct their discharge records and restore their dignity. It also aligns military policies with broader societal values of inclusion and recognition of the contributions made by all service members, regardless of their orientation.

Looking Ahead

While this settlement represents a major victory for LGBTQ+ veterans, it is important to note that it still requires approval by a federal judge to become legally binding. The Pentagon has referred comments on the matter to the Justice Department, which has declined to comment at this time. As the process moves forward, many veterans and advocacy groups are cautiously optimistic about the potential for long-overdue recognition and support for those who served under the shadow of discriminatory policies.

As this historic settlement moves towards implementation, it serves as a reminder of the ongoing need for equity and inclusivity in the military. By addressing past injustices and providing a path forward for affected veterans, the Pentagon is taking a significant step towards recognizing the value of all who have served, regardless of their orientation.