The Department of Defense has agreed to a class-action settlement that could impact more than 35,000 LGBTQ veterans who were discharged because of their sexual orientation under “don’t ask, don’t tell” and similar previous policies.
The agreement allows veterans who received a less than honorable discharge due to their sexual orientation to be eligible for an immediate review and upgrade to an honorable discharge. Veterans who have been given an honorable discharge but whose military discharge form, known as a DD-214, indicates that they separated from the military because of sexual orientation, can now have that characterization removed from the form within months.
The settlement could have significant consequences for the more than 35,000 veterans who the Department of Defense estimates were discharged between 1980 and 2011 “because of real or perceived homosexuality, homosexual conduct, sexual perversion or any other related reason,” according to court documents.
Having a less than honorable discharge from the military disqualifies veterans from crucial benefits such as access to medical care through the Veterans Health Administration and a pension. Those who have been honorably discharged, but whose DD-214 lists them as having separated from the military because of homosexuality, are left out every time they present their discharge form for benefits or during employment background checks, according to Lori Rifkin, the litigation director of Impact Fund, a legal department. nonprofit that represented LGBTQ veterans in the lawsuit.
“This is not about determining what the policy should be – Congress determined more than a decade ago that people were being discriminated against and they should not have been,” Rifkin said of the settlement. “This is about recognizing that all that government discrimination has had lasting consequences for tens of thousands of people for years and about finally righting that wrong and finally giving people the honor and recognition they deserve.”
The Justice Department declined to comment on the settlement, which must still be approved by a federal judge. Once that happens, affected veterans could have their discharge status upgraded to honorable as early as the summer, Rifkin said.
A group of veterans filed the lawsuit in August 2023, claiming that the consequences of “don’t ask, don’t tell,” which was in effect from 1994 to 2011, and previous policies continue to violate their constitutional rights. In October, more than a year after the veterans filed their charges, the Pentagon announced that it had proactively reviewed the cases of 851 veterans who had been discharged because of their sexual orientation with few honorable characterizations. After the review, the Pentagon upgraded more than 800 of these cases to honorable.
However, that led to tens of thousands of veterans being fired because of sexual orientation before “don’t ask, don’t tell” came without relief, Rifkin said.
Lilly Steffanides, a Navy veteran and plaintiff in the lawsuit, was fired in 1988 for being homosexual. Steffanides, who uses their pronouns, enlisted in the Navy at age 19 because they wanted to serve their country. About a year and a half after their first tour of duty, they said, they missed their ship and their superiors searched their locker, where they found gay news magazines.
Steffanides said they were placed in the ship’s brig during an investigation and were given only bread and water for three days. They remained on the ship for eight months before they were officially discharged, and during that time, they said, they were physically and sexually harassed by other service members, often calling them homophobic slurs.
The Defense Department referred all requests for comment to the Justice Department, which did not immediately respond to a request for comment on Steffanides’ allegations.
The “other than honorable” discharge brought them to their family, who told them they couldn’t come home because of it, Steffanides said.
“I very quickly started using drugs, alcohol and everything to erase the shame I felt for my country and my family, and I became homeless and did everything I could to get my next fix,” Steffanides said. .
Steffanides was homeless for almost 24 years. About halfway through that time, they were connected to a shelter for homeless veterans, which they said provided a glimmer of hope, but the organization did not provide services to veterans with anything other than an honorable discharge, they said.
Eventually, they connected with a pro bono attorney who helped them apply for a waiver that would allow them to receive benefits, including medical care and a pension. They have been sober for almost five years and live with their husband in San Francisco. They said they are overjoyed with the settlement because even though they can now receive benefits, removing their sexual orientation from their DD-214 will allow them to take back their own story.
“That’s the carrot in the back of my mind that tells me I’m invalid as a person,” they said. “That waiver for ‘attempting to engage in, engage in, or solicit another to participate in a homosexual act,’ on my DD-214, is at the root of everything that has gone wrong in my life , and if that were to change it would be as if my fetters had been taken away from me. “I feel like for so long I’ve been stuck on this rock that says, ‘You’re gay,’ and it’s defined who I am.”
Steffanides is now an active advocate for veterans. They host a virtual weekly support group for veterans called “Do Ask, Do Tell,” and they volunteer with the American Legion, a nonprofit organization for veterans. They said they received an award from the mayor of San Francisco for their community service.
“I wish I could have served longer, but I can serve you today,” they said.
This article was originally published on NBCNews.com
