Judge says gay vets can sue DOD over ‘Don’t Ask, Don’t Tell’ discharges

A U.S. magistrate judge ruled that LGBTQ veterans discharged under "Don't Ask, Don't Tell" can proceed in their suit against the Department of Defense.

The suit, filed by five veterans, alleges that they faced discrimination because they were given other-than-honorable discharges from the military. The vets are asking the DOD to remove all references to sexual orientation from their discharge paperwork and for the discharges to be converted to honorable.

The plaintiffs say that the process to correct discharge paperwork is "burdensome, opaque, expensive, and for many veterans virtually inaccessible." By having non-honorable discharges, LGBTQ vets are unable to reenlist. It's also difficult for them to prove military service, the plaintiffs say, and they are blocked from veteran services via the Department of Veterans Affairs.

READ MORE: ‘So. Tell Me. Are You Transgender?’ — After DADT: Transgender Life In The US Military

“Because of the circumstances and language of my discharge, which served as a painful reminder of the trauma I experienced, I was never able to proudly say that I served my country,” said Steven Egland, a U.S. Army veteran and one of the plaintiffs.

“Following my Other Than Honorable discharge from the U.S. Navy, which was accompanied by terrible harassment on my ship, I experienced homelessness and shame,” Lilly Steffanides, another plaintiff and U.S. Navy Veteran, said. “After many years, I reconnected with the veteran community and do my best to act as a leader and supporter for other LGBTQ+ veterans like me. I am joining this lawsuit because I want justice for my LGBTQ+ brothers and sisters, and I want my service to my country to be recognized as honorable.”

The DOD argued that the suit should be dismissed because the process for correcting records is neutral. Magistrate Judge Joseph C. Spero disagreed, saying that by not remedying this type of discharge, it "gives rise to a plausible inference of discriminatory intent," according to Bloomberg Law.

The DOD also argued that the plaintiffs' claims were untimely. Spero disagreed, ruling that the process of having to apply for their records to be corrected itself results in trauma, Bloomberg Law reported.

The suit says over 35,000 members of the U.S. military had been discharged for real or perceived homosexual behavior between 1980 and 2011, the year the homosexuality restriction was lifted. The original memorandum repealing "Don't Ask, Don't Tell" said it was unnecessary to update the discharge paperwork for those thrown out of the military by the policy, according to Bloomberg Law.

In February 2024, the DOD said that it was working to upgrade LGBTQ vets' discharges to honorable, according to DAV.org.