The Pentagon agreed to the terms of this historic settlement–What does it mean?
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In a landmark case, the Pentagon has agreed to a historic legal settlement that will restore honor and dignity to many of America’s war veterans.
This momentous decision not only acknowledges the wrongs of the past but also paves the way for these affected veterans to receive the benefits and recognition they have long deserved.
The Pentagon has agreed to settle the class-action lawsuit filed by LGBTQ+ veterans in August 2023—this will change the lives of thousands of veterans.
Under the terms of the settlement, veterans who were discharged because of their sexual orientation and had this reason noted on their discharge papers can now bypass a previously complex legal process.
They will be reissued with paperwork that no longer references their sexuality. Additionally, those who were denied an honorable discharge will be eligible for an immediate upgrade review, as stated in the agreement.
The settlement is currently pending approval from a federal judge.
"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," stated Sherrill Farrell, a US Navy veteran who was a complainant in the case. "Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honor is recognized."
The lawsuit argued that the Defense Department’s failure to amend service records and grant honorable discharges, even after the repeal of “Don't ask, don't tell” in 2011, constituted ongoing discrimination and a violation of constitutional rights.
For decades, discriminatory policies like “Don't ask, don't tell” forced gay and lesbian service members to conceal their identities or face discharge.
The repeal of this policy was a significant step forward, but veterans who were discharged under these policies often found themselves deprived of critical benefits, such as VA loan programs, college tuition assistance, health care, and certain job opportunities.
A CBS News investigation highlighted the Pentagon's slow response to the needs of thousands of veterans affected by these policies.
The investigation revealed the profound impact that their often traumatic separation from the military had on their lives.
The settlement aims to establish a streamlined process for LGBTQ+ veterans to receive the recognition they deserve without the stigma of their sexual orientation on their records.
For those who received less than honorable discharges, the Pentagon has committed to a more efficient review process.
Elizabeth Kristen, a senior staff attorney with Legal Aid at Work, one of the groups that filed the suit, hailed the settlement as delivering “long-overdue justice” to LGBTQ+ veterans.
"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," she said.
The Pentagon's recent pledges to address the wrongs inflicted on gay and lesbian service members are now being put into action.
While the lawsuit did not seek monetary damages, the settlement allows for a $350,000 payment by the Pentagon to cover the plaintiffs' legal costs.
“This case is not about damages,” Jocelyn Larkin, one of the lawyers representing the plaintiffs, remarked at the time it was filed. “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.”
While the full coverage of the previous discrimination against gay and lesbian service members continues to be unknown, Larkin believes that the lawsuit could provide assistance to around 35,000 veterans that have been identified by the Defense Department Freedom of Information Act request.
As per the Pentagon, only 1,375 veterans at present have been granted relief in the form of a discharge upgrade or changes to their record.
Please feel free to share your thoughts and opinions on this story below, but kindly keep the comments respectful.
This momentous decision not only acknowledges the wrongs of the past but also paves the way for these affected veterans to receive the benefits and recognition they have long deserved.
The Pentagon has agreed to settle the class-action lawsuit filed by LGBTQ+ veterans in August 2023—this will change the lives of thousands of veterans.
Under the terms of the settlement, veterans who were discharged because of their sexual orientation and had this reason noted on their discharge papers can now bypass a previously complex legal process.
They will be reissued with paperwork that no longer references their sexuality. Additionally, those who were denied an honorable discharge will be eligible for an immediate upgrade review, as stated in the agreement.
The settlement is currently pending approval from a federal judge.
The Pentagon has agreed to a landmark legal settlement benefiting over 35,000 gay and lesbian veterans who were discharged due to their sexual orientation. Image source: Element5 Digital / Pexels.
"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," stated Sherrill Farrell, a US Navy veteran who was a complainant in the case. "Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honor is recognized."
The lawsuit argued that the Defense Department’s failure to amend service records and grant honorable discharges, even after the repeal of “Don't ask, don't tell” in 2011, constituted ongoing discrimination and a violation of constitutional rights.
For decades, discriminatory policies like “Don't ask, don't tell” forced gay and lesbian service members to conceal their identities or face discharge.
The repeal of this policy was a significant step forward, but veterans who were discharged under these policies often found themselves deprived of critical benefits, such as VA loan programs, college tuition assistance, health care, and certain job opportunities.
A CBS News investigation highlighted the Pentagon's slow response to the needs of thousands of veterans affected by these policies.
The investigation revealed the profound impact that their often traumatic separation from the military had on their lives.
The settlement aims to establish a streamlined process for LGBTQ+ veterans to receive the recognition they deserve without the stigma of their sexual orientation on their records.
For those who received less than honorable discharges, the Pentagon has committed to a more efficient review process.
Elizabeth Kristen, a senior staff attorney with Legal Aid at Work, one of the groups that filed the suit, hailed the settlement as delivering “long-overdue justice” to LGBTQ+ veterans.
"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," she said.
The Pentagon's recent pledges to address the wrongs inflicted on gay and lesbian service members are now being put into action.
While the lawsuit did not seek monetary damages, the settlement allows for a $350,000 payment by the Pentagon to cover the plaintiffs' legal costs.
“This case is not about damages,” Jocelyn Larkin, one of the lawyers representing the plaintiffs, remarked at the time it was filed. “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.”
While the full coverage of the previous discrimination against gay and lesbian service members continues to be unknown, Larkin believes that the lawsuit could provide assistance to around 35,000 veterans that have been identified by the Defense Department Freedom of Information Act request.
As per the Pentagon, only 1,375 veterans at present have been granted relief in the form of a discharge upgrade or changes to their record.
Please feel free to share your thoughts and opinions on this story below, but kindly keep the comments respectful.
