US military gays win fight for pay after their discharge

ALBUQUERQUE, New Mexico: Dozens of gay and lesbian former military service members who were discharged due to their homosexuality will receive the rest of their severance pay under a settlement approved by a federal court.

The American Civil Liberties Union said the $2.4 million (R20.6m) settlement covers more than 180 veterans who received only half of their separation pay under a policy that went into effect in 1991, two years before the “don’t ask, don’t tell” policy became law.

Laura Schauer Ives, the managing attorney for ACLU of New Mexico, called the settlement a “long-delayed justice”.

“There was absolutely no need to subject these service members to a double dose of discrimination by removing them from the armed forces in the first place, and then denying them this small benefit to ease the transition to civilian life,” she said.

The US Department of Defence did not respond to a request for comment.

The case was filed in 2010 by the ACLU on behalf of former Air Force Staff Sgt Richard Collins of Clovis. He was honourably discharged in 2006 after two civilians who worked with him at Cannon Air Force Base reported they saw him kiss his boyfriend in a car 16km from the base. The decorated sergeant was off duty and not in uniform at the time.

Collins said in a statement on Monday that the settlement means a lot to him and others who were forced out of the military against their will.

Separation pay is granted to military personnel who serve at least six years but are involuntarily and honourably discharged. The Defence Department had a list of conditions that triggered an automatic reduction in that pay, including homosexuality, unsuccessful drug or alcohol treatment or discharge in the interests of national security.

The lawsuit argued that it was unconstitutional for the department to unilaterally cut the amount for people discharged for homosexuality.

Even though “don’t ask, don’t tell” was repealed last year, the pay policy was separate and a federal judge in Washington allowed the case to move forward.

At the time, the administra- tion did not defend the merits of the policy but argued that the defence secretary had sole discretion to decide who gets what separation pay and that the court shouldn’t be able to rewrite military regulations.

The settlement covers former military members who were discharged on or after November 10, 2004. They will be notified by the federal government that they’re eligible for the settlement and receive their full separation pay.