Thursday, November 11, 2010

ACLU Files Class Action for DADT Military Separation Pay

Not only are LGBT service members subjected to religious based discrimination in the form of DADT, but to make maters worse, often they are further penalized upon their discharge by being awarded only half of what others honorably discharged receive in separation pay. It's definitely a case of being screwed over twice - all because these discharged service members refuse to live their lives to please Christianist religious sensibilities. Fortunately, the ACLU has filed a class action law suit seeking redress of this discharge pay travesty. The case is Collins v. United States in which Richard Collins (pictured at left), a decorated former staff-sergeant in the U.S. Air Force, is the lead plaintiff. The ACLU is looking for additional plaintiffs to participate in the class action lawsuit. This includes all United States service members who at any time from November 10, 2004 through the present were involuntarily separated from the military and were, pursuant to 10 U.S.C. § 1174. To determine whether you qualify, please click here. I likely know a number of folks locally who need to look into this case since they may well qualify. Here are more details from the ACLU webpage on the lawsuit:
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Congress made a judgment that military personnel who serve their country for at least six years and are honorably discharged should get separation pay. The Department of Defense decided to cut that separation pay in half for any service member who is discharged for "homosexuality." The ACLU has filed a class action lawsuit challenging that discriminatory internal policy of the Department of Defense as unconstitutional. The separation-pay policy is not part of "Don't Ask, Don't Tell" and the Department can change it immediately without waiting for congressional approval.
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The lead plaintiff in the case is Richard Collins, a decorated former staff-sergeant in the U.S. Air Force who served for nine years until he was discharged from service under the "Don't Ask, Don't Tell" policy. Mr. Collins's superiors learned that he is gay when two civilian co-workers observed him exchange a kiss with his civilian boyfriend. Mr. Collins received an honorable discharge from the Air Force but discovered after the discharge had been completed that his separation pay had been cut in half on the grounds of "homosexuality."
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The ACLU and the Servicemembers Legal Defense Network first contacted the Defense Department in November 2009 to request that the separation-pay policy be revised to eliminate the discrimination against gay and lesbian service members, but the department has refused to do so. Because of its refusal to change this discriminatory policy, the American Civil Liberties Union and the ACLU of New Mexico have filed this class action lawsuit in the U.S. Court of Federal Claims.
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This discriminatory policy is but another example of Christianist religious beliefs being given special rights in the form of punishment against those who do not subscribe to the Christianists' dogma. It's clearly unconstitutional if the First Amendment promise of religious freedom is to mean anything.

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