NEWS STATEMENT 01.06.25
LGBTQ+ VETERANS ACHIEVE HISTORIC SETTLEMENT AGREEMENT FROM U.S. DEPARTMENT OF DEFENSE TO ADDRESS DISCRIMINATORY DISCHARGES
Proposed settlement agreement marks a historic step toward justice for LGBTQ+ veterans, restoring honor and recognition long denied.
Pending Court approval, the agreement would provide class members with new and simpler processes to obtain updated discharge records and potential upgrades to Honorable Discharge status.
San Francisco, CA 01.06.25 – A group of LGBTQ+ veterans discharged under the discriminatory “Don’t Ask, Don’t Tell” (“DADT”) policy and similar earlier policies have reached a historic settlement agreement in their class action lawsuit against the U.S. Department of Defense. Although DADT was repealed more than a decade ago, veterans have continued to face discrimination through the violation of their constitutional rights to privacy, due process, and equal protection. This proposed settlement, which is subject to Court approval, is a step forward in simplifying the complicated and challenging process veterans face in seeking discharge upgrades and the removal of sexual orientation indicators on their discharge papers.
Under the terms of the agreement, class members would have the opportunity, as early as Summer 2025, to request changes to their discharge papers as well as an upgrade to Honorable Discharge status. This proposed settlement will alleviate the immense challenges faced by LGBTQ+ veterans in seeking corrections to their discharge records, ameliorating the current process, which is convoluted, burdensome, and often fraught with re-traumatization and stigma. This agreement represents a meaningful step toward restoring their honor and providing long-overdue recognition for their service to the Nation.
The class action lawsuit, filed on August 8, 2023 in the U.S. District Court for the Northern District of California, sought the removal of discriminatory narratives and separation codes that disclosed the veterans’ sexual orientation and, for certain veterans, the upgrade of discharge statuses. Under DADT and its predecessor policies, more than 30,000 service members were discharged for their actual or perceived sexual orientation between 1980 and 2011, including many who received discharge characterizations that were less than Honorable.
Settlement Terms
The first prong of the proposed settlement streamlines the process for veterans who already have Honorable or Uncharacterized/Entry Level discharges to request an administrative change to their DD-214 forms. This change will remove discriminatory sexual orientation indicators and update reenlistment codes from RE-4 to RE-1 without having to go through a formal Board of Corrections process. With more than 18,000 veterans eligible for this adjustment, the new process will make it easier and faster for these veterans to correct their records. Under the Department of Defense’s current process, veterans previously faced waits of over a year to obtain this adjustment.
The second prong expands a recent Department of Defense initiative to review the cases of veterans with “Other Than Honorable” discharges or “General Under Honorable” discharge characterizations for potential upgrades. This new process allows veterans to opt-in to a group review process without having to complete an entire application or wait to receive their military records. This will simplify and expedite the process, offering veterans a clear pathway to remove discriminatory sexual orientation indicators from their discharge papers, update reenlistment codes from RE-4 to RE-1, and seek an upgrade to an Honorable discharge. These critical changes will allow them to gain access to benefits they have earned.
The Plaintiffs who brought this action on behalf of the class of more than 30,000 veterans are Sherrill Farrell, James Gonzales, Jules Sohn, Lilly Steffanides, Hayden Powell, and Steven Egland.
Plaintiff Statements
“Coming from a family with a long history of military service, I was beyond proud to enlist in 1985 to contribute to my country.” said Sherrill Farrell (she/her), U.S. Navy veteran. “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. Today, I am once again proud to have served my country by standing up for veterans like myself, and ensuring our honor is recognized.”
“Growing up, I learned the value of service from my parents and I knew I wanted to serve the public, both in the military and beyond,” said Jules Sohn (she/they), U.S. Marine Corps veteran. “As a Marine, I was proud to stand alongside my fellow service members, embracing the core values of honor, courage, and commitment. However, the pain and injustice of being discharged under discriminatory policies like ‘Don’t Ask, Don’t Tell’ have lingered for years. This settlement represents not just a recognition of those wrongs but a step toward ensuring that no service member ever faces such prejudice again.”
“My family has always valued service and sacrifice, and I was proud to follow in the footsteps of generations before me by enlisting in the U.S. Navy," said Lilly Steffanides (they/them), U.S. Navy veteran. "When I joined in 1988, I was determined to serve my country with honor. However, the discriminatory policies of the time led to my unjust discharge, stripping me of my dignity and access to the benefits I earned. This settlement is not just about correcting records; it’s about restoring the honor and pride that LGBTQ+ veterans have always deserved but were denied. I hope this brings justice to others who served with courage, only to face exclusion and discrimination."
The plaintiffs are represented by Jocelyn Larkin, Lindsay Nako, Lori Rifkin, Fawn Rajbhandari-Korr, and Meredith Dixon of the Impact Fund; Elizabeth Kristen and Lynnette Miner of Legal Aid at Work; David Willingham, Radha Manthe, and Rachel Yeung of King & Spalding LLP; and Chelsea Corey of Haynes and Boone, LLP. Comments from counsel can be found below.
A copy of the proposed settlement can be found here.
If you were discharged from the military based on sexual orientation and you are interested in learning more about this proposed settlement, please contact Legal Aid at Work at lgbtqvets@legalaidatwork.org or leave a voicemail at 415-593-0038 and someone will reach out to you. You can also visit www.justiceforlgbtqveterans.com for more information.
ENDS
MEDIA CONTACT
The Levinson Group
justiceforvets@tlgcommunications.com
(202) 571-6596
Comments from the legal team
Chelsea Corey (she/her)
Partner, Haynes Boone LLP
“We are proud to announce an important proposed settlement that brings justice to more than 30,000 LGBTQ+ veterans who were unfairly discharged under discriminatory policies. This proposed settlement would implement a powerful two-pronged relief process that allows veterans a chance to update their discharge records to remove discriminatory indicators or, for many, an opportunity to have their discharges upgraded. These veterans deserve our honor and respect and finally their discharge paperwork can reflect that honor.”
Radha Manthe (she/her)
Pro Bono Deputy, King & Spalding LLP
“It has been an honor to stand alongside and represent these brave veterans in their fight for justice. This proposed settlement is a historic step forward, providing LGBTQ+ veterans with a critical opportunity to request revisions to their discharge records. For too long, veterans who were unjustly discharged had to navigate a confusing and burdensome system to correct their records. This settlement brings a much-needed resolution by simplifying that process and restoring the dignity that these veterans rightfully deserve for their service.”
Jocelyn Larkin (she/her)
Of Counsel, Impact Fund
“This proposed settlement delivers long-overdue justice to LGBTQ+ veterans who served our country with honor but were stripped of the dignity and recognition they rightfully earned due to discriminatory discharge policies. It marks a crucial step in addressing this deep-seated injustice and ensuring these veterans receive the acknowledgment and respect they have long been denied.”
Elizabeth Kristen (she/her)
Senior Staff Attorney, Legal Aid at Work
“This proposed settlement is a critical and long-overdue step toward justice for LGBTQ+ veterans who were wrongly discharged under discriminatory policies like 'Don’t Ask, Don’t Tell,'. It offers these veterans the opportunity to request changes to their discharge papers, with many eligible to have their discharges upgraded to Honorable status. For too long, the process for correcting these records has been complicated, burdensome, and retraumatizing. This settlement will make the process more accessible and less stigmatizing, allowing veterans to finally have their service recognized with the dignity and respect they have long deserved.”
Proposed Settlement Details and Eligibility
The settlement proposed in Farrell v. Department of Defense addresses veterans whose DD-214 forms reference sexual orientation as a reason for their discharge. If your DD-214 includes sexual orientation as the reason for your discharge, you would be eligible for relief under the terms of the settlement, if approved.
If your DD-214 references sexual orientation and your discharge status is Honorable or Uncharacterized/Entry Level, you would be able to request a new DD-214 that does not reference sexual orientation.
If your DD-214 references sexual orientation and your discharge status is General Under Honorable Conditions or Other Than Honorable, you would be able to request a review for an upgrade to Honorable and a new DD-214 that does not reference sexual orientation.
If the settlement is approved, it will apply to a group of people called the “Class.” People who are part of the Class are called “Class Members.” The settlement will decide the rights of all Class Members in the lawsuit.
You are a Class Member if ALL of the following are true:
You are a veteran of the U.S. Army, Navy, Air Force, or Marine Corps;
You were administratively separated before September 20, 2011; and
The reason for discharge on your DD-214 references sexual orientation in a code or the narrative reason for separation.
About Co-Counsel
Legal Aid at Work helps people know and assert their workplace rights, and advocates for and enforces employment laws and systems that help people most in need. Learn more at legalaidatwork.org
The Impact Fund is a nonprofit legal foundation that provides strategic leadership and support for impact litigation to achieve economic, environmental, racial, and social justice. The Impact Fund provides funding, offers innovative training and support, and serves as counsel for impact litigation across the country. The organization has served as class counsel in a number of major civil rights class actions. Click here for more information
Celebrating more than 130 years of service, King & Spalding is an international law firm that represents a broad array of clients, including half of the Fortune Global 100, with 1,300 lawyers in 23 offices in the United States, Europe, the Middle East and Asia. The firm has handled matters in over 160 countries on six continents and is consistently recognized for the results it obtains, uncompromising commitment to quality, and dedication to understanding the business and culture of its clients. More information is available at www.kslaw.com.
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