More than 800 records of service members separated from the U.S. military because of their sexual orientation have been given honorable discharges under the now-defunct “Don’t Ask, Don’t Tell” policy, Pentagon officials announced Tuesday. did.
The announcement was made over a year later. Secretary of Defense Lloyd Austin The department said it will actively review the records of LGBTQ veterans who may have been dismissed from military service during the “Don’t Ask, Don’t Tell” era. This policy openly prohibited gay, lesbian, and bisexual people from serving in the military. .
The policy went into effect in 1994 during the Clinton administration and was considered a compromise from previous Pentagon policy that prohibited gays and lesbians from serving in the military. It was officially abolished by Congress in 2011.
According to the Pentagon, more than 13,000 service members have been fired from the military under “don’t ask, don’t tell.”
“Despite the fact that the vast majority of military personnel are discharged from the military because of their sexual orientation, [Don’t Ask, Don’t Tell] “While some were separated honorably, nearly 2,000 were separated less honorably,” Krista Specht, director of the Pentagon’s Office of Legal Policy, said in a statement Tuesday.
Advocates have long called for justice against discrimination against LGBTQ service members, as many continue to grapple with the military’s legacy of discrimination and ongoing prejudice. Historians and advocates estimate that between World War II and 2011, at least 100,000 service members were expelled from the military because of their sexual orientation.
In recent years, federal authorities have sought to undo the harm caused by such discriminatory policies, including President Joe Biden’s June proclamation pardoning thousands of former military personnel convicted under military laws that prohibited homosexuality. I’ve been trying to get it back.
More than 800 veterans honorably discharged after review
After the repeal of “Don’t Ask, Don’t Tell,” those fired under the policy will be able to request an upgrade to honorable discharge. Veterans who receive an honorable discharge are eligible for a variety of military benefits, including educational assistance, medical care, loans, and employment benefits.
a 2022 analysis According to a study by the American Progress Center, a public policy research and advocacy group, approximately 79,000 current LGBTQ service members and 1 million LGBTQ veterans face “higher levels of economic hardship” as a result of sexual assault. They were found to be facing “insecurity, housing instability, and mental health concerns.” Direction.
Specht said many veterans appealed for upgrades after the policy was repealed, and 85% of applicants received “some form of relief.” But Specht noted that others affected by the policy likely “didn’t know that such relief was available…and didn’t apply.”
In September 2023, Austin announced a review of military records for former military personnel who were discharged during the “don’t ask, don’t tell” period and may have been eligible for upgrades. Austin announced Tuesday that nearly 97% of the 851 cases investigated were honorably discharged.
“We encourage those who still believe there are errors or irregularities in their military records, especially those service members who may have been affected by their previous ‘Don’t Ask, Don’t Tell’ records. Those who have been separated because of their sexual orientation should come forward and request redress through the board,” Specht said on Tuesday. “They are more likely to succeed.”
Development moves forward amid lawsuit over LGBTQ veterans retirement
Tuesday’s announcement follows a lawsuit filed in August 2023 by a group of LGBTQ veterans who were fired because of their sexual orientation. The lawsuit alleges that the military violated their constitutional rights by denying honorable discharges to thousands of LGBTQ veterans.
In June, U.S. Magistrate Judge Joseph Spero reportedly denied the Pentagon’s request to dismiss the case. Reuters. The department argued that the lawsuit could not proceed because the plaintiffs did not first request changes to their discharge documents through the agency.
Spero argued that the plaintiffs’ contention that forcing LGBTQ veterans to engage in a “burdensome and even traumatic” process to change their discharge status violates their constitutional rights to due process and equal protection. He said he may pursue the matter.
Lawyers for the plaintiffs celebrated the decision. joint statement.
“This ruling allows plaintiffs and putative LGBTQ+ veterans to pursue litigation and seek relief from the discriminatory effects of Department of Defense policies, and to protect the lives of LGBTQ+ veterans who have served our country with dignity and integrity.” It will ensure that service members receive the honor they rightfully deserve,” said the attorneys at Impact Fund, Legal Aid at Work, and King & Spalding LLP.
Contributed by: Reuters
