LGBTQ veterans discharged under the military's former "Don't Ask, Don't Tell" policy have reached a settlement agreement in their class action lawsuit with the U.S. Department of Defense. The settlement requires court approval, and more about that should be known in about a month, according to officials from the Impact Fund, a Berkeley-based nonprofit that provided legal services in the case.
If approved, the settlement will allow the veterans to seek upgrades of their discharges and the removal of references to their sexual orientations on their discharge documents.
"Coming from a family with a long history of military service, I was beyond proud to enlist in 1985 to contribute to my country," U.S. Navy veteran Sherrill Farrell, one of the plaintiffs, stated in a January 6 news release. "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. 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 suit was first filed in August 2023 in the U.S. District Court for the Northern District of California. DADT was a military policy implemented during the Clinton administration to prevent openly LGBTQ people from serving; prior policies had explicitly asked if someone was homosexual and excluded them on that basis.
DADT was implemented as a compromise after then-President Bill Clinton had campaigned on allowing lesbians, gays, and bisexual people to serve openly in the armed forces. Once Clinton took office, that campaign pledge met fierce resistance from Congress and military leaders. DADT changed a previous policy that banned non-heterosexuals from the military, but people could not be openly gay, lesbian, or bisexual. Those who'd demonstrated "a propensity or intent to engage in homosexual acts ... create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability," the policy stated.
It took decades for military and congressional leaders to get past the unit cohesion argument. Much advocacy by LGBTQ military organizations like the old Servicemembers Legal Defense Network, and data collected by political scientist Aaron Belkin and his Palm Center, helped military brass realize that out service members could serve effectively and honorably.
DADT was repealed after a 2010 act of Congress signed by then-President Barack Obama, which went into effect a year later. However, some 30,000 veterans joined the class action lawsuit, unable to access veterans benefits due to their discharges.
If the settlement is approved by a federal judge, class members denied an honorable discharge will be eligible for a review to upgrade their discharge without having to complete an entire application or wait to receive their military records, according to the release.
The other prong of the settlement is that the process for removal of sexual orientation indicators on the discharge papers will be streamlined.
Pentagon reviews underway
As the Bay Area Reporter reported in 2023, the defense department has been proactively reviewing these records.
"We know correcting these records cannot fully restore the dignity taken from LGBTQ+ service members when they were expelled from the military," Deputy Defense Secretary Kathleen Hicks stated at a 2023 news conference. "It doesn't completely heal the unseen wounds that were left. It doesn't make people whole again, even for those many who received honorable discharges."
According to Secretary of Defense Lloyd Austin, last October, 851 cases had been reviewed over the past 12 months and 96.8% of them qualified for relief.
The switch to Defense Department review without service members having to apply for one had marked a change in federal policy; previously, people had to first apply for a correction to their military records before it would be reviewed. CBS News reported in 2023 that an unnamed Defense Department official said that after the initial review of records from the DADT era, the Pentagon was planning to look at the records of veterans who served before the policy was instituted.
Plaintiffs in the class action suit were pleased with the settlement agreement.
"My family has always valued service and sacrifice, and I was proud to follow in the footsteps of generations before me by enlisting in the U.S. Navy," stated veteran Lilly Steffanides.
"When I joined in 1988, I was determined to serve my country with honor," Steffanides continued. "However, the discriminatory policies of the time led to my unjust discharge, stripping me of my dignity and access to the benefits I earned. This settlement is not just about correcting records; it's about restoring the honor 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."
Another plaintiff, Jules Sohn, is a Marine Corps veteran.
"Growing up, I learned the value of service from my parents and I knew I wanted to serve the public, both in the military and beyond," Sohn stated. "As a Marine, I was proud to stand alongside my fellow service members, embracing the core values of honor, 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 31-page settlement agreement can be viewed online.
The attorneys representing the plaintiffs are Chelsea Corey of Haynes and Boone, LLP; Jocelyn Larkin, Lindsay Nako, Lori Rifkin, Fawn Rajbhandari-Korr, and Meredith Dixon of the Impact Fund; Elizabeth Kristen and Lynnette Miner of Legal Aid at Work; and David Willingham, Radha Manthe, and Rachel Yeung of King & Spalding LLP.
Lori Rifkin, a spokesperson for the Impact Fund, expects the team will know more in about a month. A status conference in court is scheduled for January 22 and the motion for preliminary approval of settlement is currently set to be heard on February 12, Rifkin wrote in an email.
The Justice and Defense departments didn't return immediate requests for comment by press time.
Transgender people had also been banned from serving in the military but that policy was reversed in 2016 by the late then-defense secretary Ash Carter, who served under Obama. However, then-president and now president-elect Donald Trump reinstituted the trans military ban after he took office in 2017. President Joe Biden issued an executive order rescinding that ban in January 2021. It is expected Trump will reinstate the ban when he returns to office January 20.
Never miss a story! Keep up to date on the latest news, arts, politics, entertainment, and nightlife.
Sign up for the Bay Area Reporter's free weekday email newsletter. You'll receive our newsletters and special offers from our community partners.
Support California's largest LGBTQ newsroom. Your one-time, monthly, or annual contribution advocates for LGBTQ communities. Amplify a trusted voice providing news, information, and cultural coverage to all members of our community, regardless of their ability to pay -- Donate today!