Pentagon Agrees to Settle 'Don't Ask Don't Tell' Lawsuit

The Pentagon has reportedly agreed to a settlement with LGBTQ veterans who were terminated due to their sexual orientation under the “don’t ask, don’t tell” policy.

A group of 35,000 gay and lesbian veterans who were discharged because of their sexuality filed a federal lawsuit against the Pentagon in August 2023, CBS News reported. The plaintiffs challenged the Defense Department’s decision not to grant them honorable discharges due to their sexual orientation.

Under the terms of the agreement, veterans whose discharge papers reference their sexual orientation as a reason for their separation from the military can now avoid a cumbersome legal process and be re-issued paperwork that eliminates any reference to their sexuality. If they were denied an honorable discharge, they will also be eligible for an immediate upgrade review, the agreement says.
"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," said Sherrill Farrell, a U.S. Navy veteran who was a plaintiff in the case. "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 Don’t Ask, Don’t Tell” (DADT) is a relic of former President Bill Clinton’s administration. It was imposed in 1994 and remained in place until it was repealed in 2011. The policy prohibited military leadership from discriminating against or harassing closeted homosexual service members. The idea was that military personnel could not ask service members about their sexuality and LGBTQ members could not inform them of their orientation.

However, those who were openly gay, lesbian, or bisexual could face termination based on their sexual orientation. At the time, the military had a standing ban on LGBTQ people. The policy was meant to be a compromise between those who believed service members should be allowed to serve openly and those who did not want homosexuals in the military.

The DADT policy was officially repealed in 2011.

On December 21, 1993, the Clinton Administration formally adopted the ‘Don’t ask, don’t tell’ military policy, prohibiting personnel from discriminating against or harassing closeted homosexual service members, while barring openly gay/lesbian/bisexual persons from the military pic.twitter.com/DmKnKNgHcQ
— RetroNewsNow (@RetroNewsNow) December 22, 2024

Despite being more than ten years after the repeal of the policy, thousands of veterans still have less than honorable discharges on their military records because of their sexuality, according to CBS News. This means they have been unable to take advantage of benefits, including VA loan programs, college tuition assistance, health care, etc.

The plaintiffs did not seek monetary damages for their treatment. However, the settlement allows the Pentagon to pay up to $350,000 to cover their legal costs.