The U.S. Department of Defense is considering granting honorable discharges to over 30,000 gay and bisexual veterans who were previously barred from military service due to their sexual orientation, according to legal filings on Monday.
Honorable discharges would make these veterans eligible for medical and other benefits.
The Department of Defense and five plaintiffs jointly filed for approval of a settlement to resolve a 2023 class-action lawsuit that accused the military of violating the veterans’ constitutional rights to due process and equal protection. The Defense Department has denied any wrongdoing.
The “Don’t Ask, Don’t Tell” policy, in effect from 1993 to 2011, prohibited openly gay and bisexual individuals from serving in the military and led to “other than honorable” discharges for those who disclosed their sexual orientation.
Under the proposed settlement, the Department of Defense would establish a streamlined process for veterans to have their sexual orientation removed from discharge records and would review requests to upgrade discharges to honorable.
Chelsea Corey, a lead attorney for the plaintiffs, told Reuters that including sexual orientation on discharge paperwork was a form of intentional discrimination.
Discharges marked “other than honorable” have blocked veterans from accessing crucial benefits like healthcare, loans, job opportunities, and tuition assistance. Corey emphasized that the settlement would enable affected veterans to finally access those benefits.
The settlement is awaiting approval from U.S. Magistrate Judge Joseph Spero, who will hold a hearing on February 12.
The Department of Defense and the U.S. Department of Justice have yet to respond to requests for comment.
Approximately 14,000 service members were discharged under “Don’t Ask, Don’t Tell,” and more than 20,000 others were discharged since 1980 due to their sexual orientation, according to lawsuit filings.
