A legal challenge brought against the Department of Defense by a group of LGBTQ veterans who were dismissed under a former military policy that prevented them from serving openly will move forward after a federal judge denied the Pentagon’s motion to dismiss it.
Five LGBTQ veterans filed the class action lawsuit last summer in the U.S. District Court for the Northern District of California, arguing that the Defense Department violated their constitutional rights by failing to update them to honorable discharges after repealing its “Don’t ask, don’t tell” (DADT) policy, which dismissed them with less-than-honorable discharges, more than a decade ago.
Separation documents assigned to veterans discharged under DADT for their actual or perceived sexual orientation denotes their sexuality as the reason for their discharge, which the plaintiffs argue violates their privacy. The discharge papers also deprive LGBTQ veterans of certain benefits, such as a veteran designation on their state ID or driver’s license and some military discounts, according to the lawsuit.
While veterans may apply to correct their discharge papers, the plaintiffs argue the process is lengthy and burdensome.
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