US military gays to receive severance pay
2013-01-08 13:30
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Albuquerque - 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 on Monday by a federal court.
The American Civil Liberties Union said the $2.4m 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 "don't ask, don't
tell" 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 immediately respond to a request for
comment.
‘Means a lot’
The case was filed in 2010 by the ACLU on behalf of former Air Force Staff Sergeant
Richard Collins of Clovis, N.M. 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 about 10 miles 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.
Unconstitutional
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Even though "don't ask, don't tell" was repealed last fall, the
pay policy was separate and a federal judge in Washington, DC, allowed the case
to move forward.
At the time, the administration 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 10 November 2004. They will be notified by the federal government that
they're eligible to opt in to the settlement and receive their full separation
pay.
- SAPA
