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The settlement expedites multiple processes of importance to former LGBTQ+ service members.
The settlement could impact over 35,000 veterans receiving less-than-honorable discharges under the military’s old "don’t’ ask, don’t tell" and earlier anti-LGBTQ+ policies.
A federal judge in California gave final approval earlier this month to the settlement of a class action lawsuit brought against the Department of Defense by former service members discharged because they were queer. The settlement will allow an estimated 35,000 service members to more easily upgrade their discharges, remove sexual orientation markers from their service records, and potentially obtain currently denied benefits.
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The settlement expedites multiple processes of importance to former LGBTQ+ service members. The Pentagon agreed to provide “an expedited group Board review process for considering discharge upgrades for veterans given discharge characterizations of General Under Honorable Conditions or Other Than Honorable,” the settlement states. The settlement also calls for streamlining the removal process for “markers of perceived or actual sexual orientation.” from a member’s service record.
“This expedited process removes the considerable burden on veterans to first obtain their military records – a process that can take years – and then submit full petitions supported by evidence to the Board – another process that can take years,” the settlement noted.
The suit was filed in August of 2023 by former service members Sherrill Farrell, James Gonzales, Steven Egland, Julianne (“Jules”) Sohn, and Lilly Steffanides with the help of the Impact Fund, Legal Aid at Work, and King & Spaulding LLP.
“I believe that part of service is standing up for what is right. That is why I publicly spoke out against Don’t Ask, Don’t Tell, even though it led to my discharge from the Marine Corps,” Sohn said in a statement when the suit was first filed. “And that is what I hope to do today by filing this lawsuit – standing up so that other LGBTQ+ veterans are afforded the full dignity and honor for their service and sacrifices for this country.”
The suit moved slowly until the parties began to engage in “contested arm’s length settlement negotiations” in July of 2024. The weekly or bi-weekly videoconferences were described as “productive but adversarial in nature.”
The negotiations were given a boost after an “all-day in-person settlement negotiation meeting” in Washington, D.C., in September of 2024 that was attended by counsel and subject matter experts.
The following month, the parties reached an agreement on the general scope and key terms of the settlement and notified the court they anticipated a full agreement in December. The final agreement was signed and fully executed on January 3, 2025, just weeks before the incoming administration of Pres. Donald Trump took control of the Pentagon and its negotiations.
In addition to the new policies, the Pentagon committed to a timeline that will implement the policies within four months.
