'Don't Ask, Don't Tell' Veterans Legacy Prompts Lawsuit

BERKELEY, CA — The Berkeley-based public interest law non-profit Impact Fund says it has filed a new class action case on behalf of a group of veterans who were discharged under the U.S. military's now-defunct "Don't Ask, Don't Tell" policy.

Impact Fund filed the case, Farrell v. Department of Defense, in the U.S. District Court for the Northern District of California on Aug. 8 along with co-counsels Legal Aid at Work and King & Spalding LLP.

Veteran Sherill Farrell and her fellow plaintiffs all carry discharge papers — known as DD-214s — that identify their sexual orientation and prohibit their reenlistment. According to Impact Fund, these same papers "burden" the plaintiffs with discharge statuses below Honorable.

"Requiring LGBTQ+ veterans to first bear the stigma and discriminatory effects of carrying indicators of sexual orientation on their DD-214s, and then navigate a broken record correction process to seek resolution, violates their constitutional rights to equal protection, informational privacy, property and due process," the Impact Fund and co-counsels wrote in the lawsuit.

The U.S. military's "Don't Ask, Don't Tell" policy barred openly gay, lesbian or bisexual people from entering the service, and allowed the discharge of personnel who either disclosed their sexual orientation or engaged in non-heterosexual behaviors. The policy was officially ended in 2011.

The plaintiffs are asking the Department of Defense to remove all narratives and codes that disclose veterans' sexual orientation and prevent reenlistment. They also seek upgraded discharges for tens of thousands of LGBTQ+ veterans who were similarly discharged.

"Our government and leaders have long acknowledged that the military's discrimination against LGBTQ+ service members - and what was done to me - was wrong. The time has come to rectify it by correcting our records," plaintiff Steven Egland said in a statement. "All of those who served deserve to have documents that reflect the honor in our service."

Alongside Farrell and Egland, the plaintiffs named in the lawsuit include California residents James Gonzalez of Los Angeles, Jules Sohn of Torrance, and Lilly Steffanides of San Francisco.

The Impact Fund was founded in December 1992, and provides grants, advocacy and education to support impact litigation on behalf of communities seeking economic, environmental, racial, and social justice.

The lawsuit can be accessed at accessed online.

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