A lawsuit filed by LGBTQ+ veterans against the Pentagon will proceed after a federal judge Thursday denied a government motion to dismiss the case.
The five named plaintiffs are asking the court to force the Pentagon to remove references to sexual orientation on the discharge papers for more than 35,000 veterans forced out of the military during the decades LGBTQ+ people were banned from service.
In most cases these discharges were also punitive — some received honorable discharges, but others did not. They are also asking that the Pentagon upgrade these codes.
If veterans want to change their discharges, they have to appeal to Veterans Affairs. Melissa Johnson, a San Diego-based attorney and Air Force veteran, said that process isn't easy.
"The process is hard," Johnson said. "It's difficult, it's painful. I mean, I got involuntarily discharged 41 years ago and I still can't talk about it without getting emotional."
Johnson isn't involved in the lawsuit, but hopes it helps herself and other veterans.
Jocelyn Larkin is an attorney with the Impact Fund, one of the organizations representing the veterans in the lawsuit. She said she's encouraged by Judge Joseph Spero's ruling that the court understands what's at stake.
"We were not talking about any single individual and what happened to them in the corrections process, but rather a decision that was made at the time that Don’t Ask, Don’t Tell was repealed not too proactively and systematically correct people's discharge documents," Larkin said. "That's really the heart of the case."
Larkin said the next step in the process will be to have the case certified as a class action. That's key to forcing the Pentagon to finally do the right thing, she said.
"I think it is really important because It's the final piece of the government taking responsibility for what was a terrible injustice that hurt so many people ... over their lifetimes."
