News & Politics
In a landmark settlement, the Pentagon has agreed to settle a class action lawsuit that could impact up to 35,000 veterans discharged solely due to their sexual orientation. Many of these veterans were denied honorable discharges, subsequently barring them from accessing essential benefits like healthcare.
The case stems from Farrell vs. Department of Defense, a federal civil rights lawsuit filed in August 2023 by five LGBTQ+ veterans. The plaintiffs claim that, despite the repeal of Don’t Ask Don’t Tell (DADT) in 2011, the Pentagon failed to grant them honorable discharges or remove references to their sexual orientation from their service records.
An estimated 14,000 individuals were discharged from the military under the DADT policy between 1994 to 2011, due to their sexual orientation. However, the legal team representing Farrell vs. The Department of Defense argues that number is likely at least 30,000 between 1980 and 2011.
In a press release regarding the settlement, plaintiff and U.S. Navy veteran Sherill Farrell said,
“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.”
As a result of the settlement, the discharge records of those affected under discriminatory policies like DADT, will be upgraded from “less than honorable” to “honorable”, deeming them eligible for veteran services and benefits.
Overall, the deal still requires approval by U.S Magistrate Judge Joseph Spero, who is scheduled to hold a hearing on February 12. However, it has a high likelihood of being approved this year.
But first, what exactly is “Don’t Ask Don’t Tell” and how did it come about?
Going back 3 decades, during the 1992 presidential campaign, Bill Clinton promised to lift the longstanding ban on gay and bisexual individuals in the military if elected, viewing the ban as unjust discrimination. However, upon taking office, his efforts to remove the ban were met with bipartisan opposition from Congress, including from high ranking military leaders such as Colin Powell, who was serving as Chairman of the Joint Chiefs of Staff at the time.
During congressional hearings on the matter of gay service members and military service, Powell expressed strong support for the ban stating the following:
“To win wars, we create cohesive teams of warriors who will bond so tightly that they are prepared to go into battle and give their lives if necessary for the accomplishment of the mission and for the cohesion of the group. We cannot allow anything to happen which would disrupt that feeling of cohesion within the force.”
Amidst mounting pressure to maintain the ban, Clinton brokered a compromise, Directive 1304.26, later coined as “Don’t Ask, Don’t Tell” by military sociologist Charles Moskos. Announced in July 1993, the policy allowed gay, lesbian, and bisexual Americans to serve in the military as long as they did not disclose their sexual orientation–in other words, remain closeted. Additionally, the policy prohibited military personnel from discriminating against a service member based solely on the suspicion of “homosexuality”. The policy went into effect in February 1994.
After a long, arduous battle led by LGBTQ+ veterans and activists, Congress repealed DADT. President Barack Obama signed the repeal into law in December 2010, officially ending the policy. On September 20, 2011, the repeal went into full effect, formally ending DADT.
However, the threat of discrimination within the military still looms over the LGBTQ+ community in the United States.
In June 2016, the military overturned the ban on transgender service members across all branches. In 2017, President Trump announced via Twitter that he intended on banning transgender individuals from serving in the military.
In 2018, Trump issued an official memorandum that outlined a policy banning the enlistment and commission to transgender individuals with a history or diagnosis of gender dysphoria including those who had undergone medical gender transition, (such as hormones and surgery), with limited exceptions.
The ban went into effect in 2019. While the order did not remove transgender individuals already serving, it prevented many from joining the military. In a reversal of policy, President Biden signed an executive order in 2021 that overturned the restrictions on transgender service members.
Currently, reports indicate that President-elect Trump is preparing to implement a new executive order aimed at reinstating and expanding his first administration’s ban on transgender military service members.
If this reinstated ban were to go into effect, it would end the service of an estimated 15,500 transgender individuals. However, that figure is believed to be a significant undercount.