Sherrill Farrell, et al vs. United States Department Of Defense, et al

Case Background

On August 8, 2023, Plaintiff Sherrill Farrell and others filed a Class action lawsuit in the United States District Court, California Northern, San Francisco division(Case number: 3:23cv4013). Magistrate Judge Joseph C. Spero presided over this case.

Cause

The United States Armed Forces enforced discriminatory policies against LGBTQ+ service members for decades. These policies, including "Don’t Ask, Don’t Tell" (DADT) and earlier rules, explicitly barred individuals from serving openly based on their actual or perceived sexual orientation. Between 1980 and 2011, the military discharged over 35,800 service members under labels such as "homosexuality" or "homosexual conduct." Upon discharge, these veterans received Form DD-214s that included stigmatizing codes and narrative reasons referencing their sexual orientation. Many of these military discharges were classified as less than Honorable, preventing veterans from accessing crucial benefits like healthcare, education assistance, and housing support. Although the repeal of DADT in 2011 ended the discriminatory policy, the government failed to correct the affected records systematically. LGBTQ+ veterans faced the burden of individually applying for discharge upgrades, a process described as lengthy, complex, and inaccessible.

Injuries

The discriminatory military discharges caused significant and enduring harm to LGBTQ+ veterans. The government issued DD-214 forms that publicly disclosed their sexual orientation, violating their privacy and exposing them to discrimination in civilian life. Employers, educational institutions, and other entities often required veterans to present their DD-214 forms, forcing them to reveal deeply personal information. This led to stigma, exclusion, and challenges in finding employment. Veterans with less than Honorable discharges were denied access to vital VA healthcare services, leaving many without consistent medical care. For example, one veteran went decades without treatment for a chronic condition