LGBTQ Veterans Sue Defense Department Over Dismissal From US Military

LGBTQ vets brought the Defense Department to court over a landmark lawsuit.

A group of LGBTQ veterans is suing the United States (US) Department of Defense (DoD) over their dismissal from the military.

The class action lawsui filed in the Northern District of California asks the Defense Department to correct the "ongoing discrimination" against gay and lesbian vets.

LGBTQ Veterans Sue US Defense Department Discriminatory Discharge

LGBTQ US Military
Members of the US military community march down the road during the Capital Pride Festival in Washington, DC, on June 10, 2023. ANDREW CABALLERO-REYNOLDS/AFP via Getty Images

According to NBC News, LGBTQ veterans filed a groundbreaking suit against the Defense Department. The class action suit seeks justice and accountability for what they claim are discriminatory discharges from the military.

The group of brave LGBTQ veterans is now stepping into the legal spotlight, challenging the dismissals they faced from the military due to their sexual orientation or gender identity. These former service members argue that these discharges were not only unjust but also in direct violation of their civil rights.

The lawsuit, as reported by CBS News, aims to shine a light on the experiences of countless LGBTQ individuals who served their country proudly, only to face the heartbreak of being dismissed from the military because of who they are. By filing the suit, the group of LGBTQ vets aims to grant them honorable discharges, providing them with a long list of benefits that veterans enjoy. It includes college tuition assistance, loan programs, health care, and jobs.

The suit says, "Requiring LGBTQ+ veterans to first bear the stigma and discriminatory effects of carrying indicators of sexual orientation on their [discharge papers] and then navigate a broken record correction process to seek resolution violates their constitutional rights to equal protection, informational privacy, property, and due process protected by the Fourteenth and Fifth Amendments to the U.S. Constitution."

On top of the honorable discharge grant, the LGBTQ vets are demanding an update on their discharge documents. They wanted the removal of their sexualities in the papers, citing privacy violations.

Don't Ask, Don't Tell Policy

Defense Department
The US Department of Defense(DOD) seal is seen on the lecturn in the media briefing room at the Pentagon December 12, 2013 in Washington, DC. PAUL J. RICHARDS/AFP via Getty Images

The plaintiffs include veterans who were discharged from the military under the now-defunct "Don't Ask, Don't Tell" policy, as well as veterans who were discharged from other discriminatory policies.

CBS News reports that the US military has already lifted the discriminatory policy, dubbed "don't ask, don't tell," which banned lesbian and gay troops from the service. The longstanding ban ceased taking effect for roughly a decade ago, or in 2010, to be exact.

An LGBT research organization, the Williams Institute at the UCLA School of Law, discovered that the "don't ask, don't tell" policy discharged roughly 13,000 service members from the military.

Since its repeal over a decade ago, LGBTQ veterans have come forward to urge the US government to modify their discharge status. The group of gay and lesbian vets is also seeking an apology.

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