A group of LGBTQ+ veterans who were expelled from the military due to their sexual orientation have taken legal action against the Defense Department. They argue that the Department’s failure to grant them honorable discharges or remove biased language from their service records violates their constitutional rights. The class action lawsuit, filed on behalf of five veterans, asserts that forcing LGBTQ+ veterans to carry indicators of their sexual orientation on their discharge papers and navigate a complex correction process is discriminatory. Despite the repeal of “don’t ask, don’t tell” in 2010, many LGBTQ+ veterans with less than honorable discharges continue to face significant barriers to receiving benefits and accessing various opportunities. The Pentagon’s failure to rectify this situation has been highlighted in a CBS News investigation, revealing the long-lasting impact on these veterans’ lives. The lawsuit demands that the Defense Department systematically upgrade the veterans’ discharge papers and eliminate all indicators of sexual orientation, rather than placing the burden on the individual veterans themselves. The importance of the discharge papers, known as DD-214s, is emphasized by their role in accessing VA benefits, applying for jobs, loans, and rental agreements. By changing the discharge papers, the plaintiffs hope to prevent involuntary disclosure of their sexual orientation. The extent of past discrimination against gay and lesbian service members remains unclear, but the lawsuit has the potential to provide relief to approximately 35,000 veterans identified so far. The Pentagon has claimed that it has an application process in place for veterans seeking discharge reviews; however, the lawsuit argues that this process is constitutionally inadequate and places an unfair burden on the veterans. The plaintiffs are not seeking financial damages but instead seek a change to their discharge papers to rectify the consequences they face. One of the plaintiffs, Sherrill Farrell, shared her experience of being expelled from the Navy due to her sexual orientation, expressing her hope for a change in her discharge status after 37 years. She believes it is crucial for future generations to understand the sacrifices LGBTQ+ veterans made for their rights. The Defense Department acknowledges past errors and injustices and has encouraged veterans to contact the appropriate boards for the correction of military records or discharge review. It is evident that there is work to be done to right these wrongs and provide justice.
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