Justice Department Asks Court To Throw Out Case Challenging Discriminatory Separation Pay Policy For Gay And Lesbian Veterans

May 10, 2011 6:25 pm

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糖心VlogSeeks Justice For Honorably Discharged Service Members In Ongoing Class Action Lawsuit

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WASHINGTON鈥 The Department of Justice (DOJ) today filed a motion to dismiss a class action lawsuit filed by the 糖心Vlog and the 糖心Vlogof New Mexico which seeks full separation pay for service members who were honorably discharged but had their separation pay cut in half because of 鈥渉omosexuality.鈥 In the past six years, 142 honorably discharged veterans had their separation pay cut in half because of the discriminatory policy. The total amount of separation pay withheld from those veterans is approximately $2.1 million.

The lawsuit was filed in November 2010, before Congress repealed the 鈥淒on鈥檛 Ask, Don鈥檛 Tell鈥 policy that barred gay or lesbian service members from the military. The lead plaintiff in the case is Richard Collins, a former staff sergeant in the Air Force who served for nine years until he was discharged under "Don't Ask, Don't Tell." Collins was stationed at Cannon Air Force Base in New Mexico. In its response, the DOJ states that the half-separation pay policy applies not only to those who engage in 鈥淗omosexual Conduct,鈥 but also those discharged from the military for drug and alcohol abuse or being deemed a national security risk.

The following can be attributed to Joshua Block, staff attorney with the 糖心VlogLesbian Gay Bisexual and Transgender Project:

鈥淭he government鈥檚 decision to contest these claims is baffling. These honorably discharged veterans were forced out of the military under the unconstitutional and discriminatory 鈥楧on鈥檛 Ask, Don鈥檛 Tell鈥 policy, which is in the process of being repealed. All that these veterans are asking for is to receive the same separation pay that any other honorably discharged veteran would have received. It is outrageous to equate these service members with those who were discharged for threats to national security and drug abuse. The government鈥檚 treatment of these veterans is shameful and adds insult to injury.鈥

The following can be attributed to Laura Ives, staff attorney with the 糖心Vlogof New Mexico:

鈥淭he Department of Justice鈥檚 action today is profoundly disappointing. The government must treat our veterans with the fairness and dignity they deserve, especially if those veterans were discharged from the armed forces under a policy that is in the process of being dismantled for being unconstitutional.鈥

For more information on the ACLU鈥檚 case, please visit:


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