The Pentagon has reached a historic legal settlement with more than 35,000 gay and lesbian military veterans who were dismissed because of their sexual orientation, and in many cases denied an honorable discharge and the array of services they had earned, CBS News has learned.
Under the terms of the agreement, veterans whose discharge papers reference their sexual orientation as a reason for their separation from the military can now avoid a cumbersome legal process and be re-issued paperwork that eliminates any reference to their sexuality. If they were denied an honorable discharge, they will also be eligible for an immediate upgrade review, the agreement says.
“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,” said Sherrill Farrell, a U.S. Navy veteran who was a plaintiff 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 settlement, which still must receive approval from a federal judge, would resolve the claims from a group of LGBTQ+ veterans who were kicked out of the military years ago because of their sexual orientation. The veterans filed a federal civil rights suit in August 2023 over the Defense Department’s failure to grant them honorable discharges or remove biased language specifying their sexuality from their service records following the repeal of “don’t ask, don’t tell” in 2011.
The class action lawsuit, which was brought in the U.S. District Court for the Northern District of California, claims the Pentagon’s failure to correct this “ongoing discrimination” represents a violation of constitutional rights.
It’s been more than a decade since the military lifted its longstanding ban on openly gay and lesbian troops. But thousands of those discharged under past discriminatory policies like “don’t ask, don’t tell” are still carrying less than honorable discharges today, depriving them of the full spectrum of benefits including VA loan programs, college tuition assistance, health care and some jobs.
A CBS News investigation has documented the Pentagon’s long-running failure to restore honor to the service records of thousands of veterans who were deprived of veterans benefits after their military careers were cut short. A series of reports documented the ways these veterans’ often traumatic separation from the military shaped the course of their lives.
The settlement would establish a streamlined process for LGBTQ+ veterans who were discharged honorably but whose dismissal was attributed to their sexual orientation — enabling them to be re-issued papers that make no reference to it. And for those who were denied an honorable discharge, the Pentagon would commit to a streamlined upgrade review process.
“This proposed settlement delivers long-overdue justice to LGBTQ+ veterans who served our country with honor but were stripped of the dignity and recognition they rightfully earned due to discriminatory discharge policies,” said Elizabeth Kristen, a senior staff attorney with Legal Aid at Work, a group that helped file the suit. “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.”
The Pentagon has issued a series of pledges in the past year to right the wrongs inflicted on gay and lesbian service members in the past year. Both the Pentagon and the Department of Justice declined comment on the proposed settlement when reached Monday.
At the time the civil rights suit was filed, a Pentagon spokesman said the military had made attempts to streamline the upgrade process to a short, two-page application. The department said legal representation was no longer required to apply for a discharge review and that the discharge review boards “continue to strive to finalize 90% of all cases within 10 months as required by statute.”
But the lawsuit, prepared by the Impact Fund, Legal Aid at Work and the law firms King & Spalding LLP and Haynes & Boone LLP, called that a “constitutionally inadequate” response, saying it placed the burden on individual veterans to spend months or years obtaining old personnel records before they could file the applications. Those reviews would then take months or years to be processed, they alleged.
The lawsuit did not seek monetary damages, though the settlement allows the court to approve 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, said 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 scope of past discrimination against gay and lesbian service members remains unknown, Larkin believes the lawsuit could at least help some 35,000 veterans already identified by a Defense Department Freedom of Information Act request, first reported by CBS News in June 2023. The true figure could be significantly higher. According to the most recent data available from the Pentagon, just 1,375 veterans have been granted relief in the form of a discharge upgrade or correction to their record.
