Pentagon reaches agreement with LGBTQ+ veterans discharged under Don’t Ask, Don’t Tell

The Pentagon has reached a historic settlement with more than 30,000 LGBTQ+ veterans who were dismissed under the Don’t Ask, Don’t Tell policy. They will now be able to update their military records easily.

The policy, which was introduced by president Bill Clinton in 1994, meant that LGBTQ+ people could only serve in the military if they kept their sexual orientation secret. As a result, many were discriminated against, forced out of the armed forces for their actual or perceived sexuality, dishonourably discharged and deprived of years of benefits.

In 2023, a class action lawsuit, Farrell v the US Department of Defense, was filed in the US District Court for the Northern District of California on behalf of a number of LGBTQ+ veterans.

The plaintiffs said the department failed to grant them an honourable discharge or remove biased language about their sexuality from their service records following the repeal of Don’t Ask, Don’t Tell in 2011.

The discharges meant they were unable to claim full benefits and, they said, a violation of their constitutional rights.

Under the terms of the settlement, details of which were shared on Monday (6 January), those who were discharged under Don’t Ask, Don’t Tell, or similar policies, can now avoid a lengthy and burdensome legal process and easily apply to update the paperwork to remove any mention of their sexuality.

An honourable discharge means an individual did their assigned job in a diligent and competent manner, followed the rules and obeyed the law. They are entitled to all the benefits available, including home-loan assistance, medical assistance and retirement pay.

Those with dishonourable discharges are not entitled to veteran’s benefits and can be prevented from accessing certain civilian government benefits, such as unemployment and federal student loans.

Jocelyn Larkin, one of the lawyers who represented the class-action group, said process to update records was something “most veterans just didn’t want to put themselves through” prior to the settlement.

“It is so important that the continuing effects of this discriminatory policy are finally going to be addressed,” she told The Guardian.

“It was terrific that Don’t Ask Don’t Tell was repealed but it wasn’t enough because people were still suffering from having documents that bore the stigma of having been gay in the military. So, it is an incredibly important step to tell these veterans that their service was honourable.”

Navy veteran Sherrill Farrell, who was a plaintiff in the case, said she came from a family with long history of military service and was “beyond proud to enlist in 1985 to contribute to my country”.

She went on to say: “When I was discharged because of my sexual orientation, I felt my country was telling me that my service was not valuable, that I was ‘less than’ because of who I loved. Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honour is recognised.”

Lilly Steffanides, also a navy veteran, said when they joined the military in 1988 they were “determined to serve my country with honour”. However, “discriminatory policies of the time led to my unjust discharge, stripping me of my dignity and access to the benefits I earned”.

Steffanides added: “This settlement is not just about correcting records, it’s about restoring the honour and pride that LGBTQ+ veterans have always deserved but were denied. I hope this brings justice to others who served with courage, only to face exclusion and discrimination.”

And Julianne Sohn said: “As a marine, I was proud to stand alongside my fellow service members, embracing the core values of honour, courage and commitment. However, the pain and injustice of being discharged under discriminatory policies like Don’t Ask, Don’t Tell have lingered for years.

“This settlement represents not just a recognition of those wrongs but a step toward ensuring that no service member ever faces such prejudice again.”

The settlement still requires approval from a federal judge and is expected to be heard by magistrate judge Joseph Spero next month.

It is estimated that some 14,000 people were discharged from the military under Don’t Ask, Don’t Tell, with more than 20,000 being thrown out of the armed services since 1980 because of their actual or perceived sexual orientation.

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