Farrell Et Al V. United States Department Of Defense Et Al
Summary: A class action lawsuit was initiated on August 8, 2023, by five LGBTQ+ veterans against the United States Department of Defense and its officials. The lawsuit alleges ongoing discrimination resulting from the "Don't Ask, Don't Tell" (DADT) policy and its antecedent policies. The plaintiffs argue that the discriminatory effects of these policies continue to persist, even after the repeal of DADT in 2011. This discrimination is particularly evident in their discharge papers (Form DD-214), which cite their sexual orientation as the reason for their discharge, assign them discharge rankings below Honorable, and prohibit them from reenlisting. The lawsuit, lodged in the Northern District of California, claims violations of the Fourteenth and Fifth Amendments of the U.S. Constitution. The plaintiffs are seeking relief through the elimination of separation narratives and codes that disclose their sexual orientation, alteration of codes that hinder reenlistment, and upgrades to their discharge statuses. They maintain that these changes would make them eligible for additional benefits. The lawsuit underscores the discriminatory nature of the DD-214 discharge form and the extensive implications of this prejudiced treatment, which include personal, social, and professional impacts on the lives of LGBTQ+ veterans. The plaintiffs argue that the Department of Defense has not sufficiently addressed these issues, despite a memorandum issued by the Under Secretary of Defense for Personnel and Readiness, which established that the baseline was to grant such requests. The lawsuit aims to force the Department of Defense to rectify these issues and to provide veterans, who were discharged under the policy, with the benefits they rightfully deserve.
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