The American Civil Liberties Union (ACLU) is seeking a class action lawsuit for 142 people who were discharged from the military for being gay after only receiving half of their pay. The lawsuit comes amidst the demise of the military’s discriminatory Don’t Ask, Don’t Tell (DADT) policy.
“Your timing is exquisite — two days after the policy goes into effect eliminating ‘don’t ask, don’t tell,’ here we are,” said Judge Odell Cook Miller, overseeing justice for the case.
The Justice Department, however, on behalf of the Obama administration, has sought immediate dismissal of the case. Miller said she will likely allow the case to continue.
Former Air Force Staff Sgt. Richard Collins of Clovis, N.M. originated the case as it was filed by the ACLU after he was honorably discharged in 2006 after civilians reported seeing him kiss his boyfriend. “That one time I just happened to lean over and kiss him on the cheek. He said something sweet,” he said.
Reports indicate Collins was dressed in civilian clothes and parked 10 miles away from the base when the incident occurred. Nevertheless, the Air Force paid Collins just under half of what his expected pay would have been under the discharge.
The lawsuit argues that it is unconstitutional to cut discharged severances by half on the merits of homosexuality.
A ruling on the government’s motion to dismiss is expected by Oct. 15.
Full severance is the only fair thing to do. FYI – http://OutMilitary.com has been providing a supportive environment for friending, sharing and networking between Gay active military, vets and supporters since December, 2010.