backKing & Spalding, along with its pro bono partners the Impact Fund and Legal Aid at Work, secured a victory for LGBTQ+ veterans in a putative class action asserting constitutional claims in the Northern District of California. Under Don’t Ask Don’t Tell and predecessor policies the U.S. military discharged more than 35,000 service members and issued them paperwork that includes indicators of their actual or perceived sexual orientation. In the years since the repeal of Don’t Ask Don’t Tell, the U.S. military has steadfastly refused to systematically remove the discriminatory sexual orientation indicators from veterans’ discharge paperwork, or to upgrade their discharge statuses—instead pointing these veterans to a complex and lengthy, individualized record correction process. 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.
This ruling allows plaintiffs and the putative class of LGBTQ+ veterans to take their case forward and seek relief from the discriminatory effects of the Department of Defense’s policies, ensuring that LGBTQ+ veterans receive the honor they rightfully deserve, having served our country with dignity and integrity.
The King & Spalding team includes Chelsea Corey, David Willingham, Radha Sathe Manthe, Rachel Yeung, Kasia Rudnicki and Caroline Chen.