backKing & Spalding, along with its pro bono partners the Impact Fund, Legal Aid at Work, and Haynes Boone, secured a historic settlement agreement in a class action lawsuit against the U.S. Department of Defense on behalf of LGBTQ+ veterans. This proposed settlement, which is subject to Court approval, is a step forward in simplifying the complicated and challenging process these veterans face in seeking removal of sexual orientation indicators on their discharge papers and seeking discharge upgrades.
Under the terms of the agreement, class members would have the opportunity, as early as Summer 2025, to request changes to their discharge papers as well as an upgrade to Honorable Discharge status. This proposed settlement will alleviate the immense challenges faced by LGBTQ+ veterans in seeking corrections to their discharge records. This agreement represents a meaningful step toward restoring their honor and providing long-overdue recognition for their service to the Nation.
King & Spalding and its pro bono partners initially filed this putative class action asserting constitutional claims in August 2023 in the Northern District of California. In a ruling issued on June 20, 2024, Judge Joseph Spero denied the Department of Defense’s motion to dismiss veterans’ claims for equal protection and due process violations related to the U.S. military’s failure to remove sexual orientation indicators on their discharge paperwork.
The King & Spalding team includes David Willingham, Radha Sathe Manthe, Rachel Yeung, Kasia Rudnicki, Caroline Chen, and Diana Liu.