National
Lawsuit challenges ‘Don’t Ask’ separation pay
ACLU files class-action litigation

Mike Almy, a former Air Force officer, is among those who received half separation pay as a result of his discharge under "Don't Ask, Don't Tell." (Blade photo by Michael Key)
A new lawsuit filed over the halved separation pay given to some U.S. service members discharged under “Don’t Ask, Don’t Tell” is raising questions about why the Defense Department hasn’t taken action to resolve the issue.
Last week, the American Civil Liberties Union and ACLU of New Mexico filed a lawsuit in the U.S. Court of Federal Claims over administration policy cutting in half the severance pay that discharged troops who serve for at least six years in the armed forces would normally receive if they were separated for a reason other than homosexual conduct.
The policy was implemented in 1991, two years before Congress enacted the “Don’t Ask, Don’t Tell” statute, and could be changed by implementing new regulations without action from lawmakers or the courts.
Joshua Block, staff attorney for the ACLU’s lesbian, gay, bisexual and transgender project, said his organization filed the class action lawsuit, known as Collins v. United States, as a result of this severance pay inequity.
“Basically, if you’re discharged under ‘Don’t Ask, Don’t Tell’ [and serve for at least six years], under the policy there’s virtually no way you can qualify for full separation pay,” Block said.
The issue only affects service members separated under “Don’t Ask, Don’t Tell” who received honorable discharges and who have served for at least six years because only under those conditions do troops qualify for severance pay.
Further, because of the statute of limitations, the lawsuit would only affect service members who’ve been discharged under “Don’t Ask, Don’t Tell” within the last six years.
Block said the litigation was brought on behalf of all service members involuntarily discharged in the past six years and estimated that at least 100 discharged service members will qualify as part of the class of plaintiffs in the lawsuit.
The lead plaintiff in the litigation is Richard Collins, a former staff sergeant who was in the Air Force for nine years before he was discharged under “Don’t Ask, Don’t Tell.”
“After nine years of honorable service, it’s not fair that I should be deprived of the same benefits given to other dedicated service members who are adjusting to civilian life,” Collins said in a statement.
Another discharged service member who was affected by the pay inequity is Mike Almy, a gay former Air Force communications officer who testified earlier this year before the Senate about being discharged under “Don’t Ask, Don’t Tell” in 2006.
“I think it’s absolutely ridiculous,” Almy said. “It’s pouring salt on the wound. ‘Don’t Ask, Don’t Tell’ is horrendous enough as it is already. And then, when gays are thrown out the door, they’re even discriminated against once again in the severance pay that they receive.”
Almy said he received separation pay of $40,000 upon his discharge from the Air Force when he would otherwise have been entitled to $80,000.
The lawsuit was filed after the ACLU engaged with the Defense Department in November 2009 to change the policy in efforts that were ultimately unsuccessful. Correspondence had continued until as recently as August, when the ACLU threatened to sue the Pentagon over the lack of action.
Block said he’s hopeful the Pentagon would drop the policy as a result of the lawsuit and pay discharged troops they compensation they would normally receive.
“From our perspective, the litigation shouldn’t have been necessary in the first place, so we obviously hope that the government will do the right thing and pay these people the separation pay that they earned,” he said.
Aubrey Sarvis, executive director of the Servicemembers Legal Defense Network, said SLDN and the National Gay & Lesbian Task Force identified the issue more than a year ago as something that the administration could resolve with a policy change.
“In this case, [Defense] Secretary [Robert] Gates has the authority to stop this practice, and he should,” Sarvis said. “Not only should they stop it, we’ll also be seeking — as we have in the past — restitution on their back pay.”
Although the lawsuit has been filed, Sarvis noted “litigation is always protracted” and said the lawsuit could take years to resolve. Consequently, Sarvis said SLDN plans to continue pressing Gates to change the policy administratively and was set this week to meet with Pentagon officials to discuss the matter.
But why does the adminstration continue the policy when President Obama has said he wants to repeal “Don’t Ask, Don’t Tell” and the issue could be resolved with a stroke of a pen?
Eileen Lainez, a Pentagon spokesperson, said in a statement that department policy authorizes half separation payments to members who are “not fully qualified to continue to serve” and who are being involuntarily separated under honorable conditions.
“Currently, members being discharged for [‘Don’t Ask, Don’t Tell’] … receive half separation pay, because the law says they are not qualified to continue in service,” she added.
Almy said he has “no idea” why the Pentagon continues this policy and said the rationale for upholding the policy is similarly unknown to others.
“From the personnel people that I’ve been able to talk to at the Pentagon, no one really knows what the reason for that was,” Almy said.
Block also said he’s unsure why the adminstration hasn’t changed this policy as he noted the administration has a stated goal of wanting to repeal “Don’t Ask, Don’t Tell” through legislative action.
“They have to get that through Congress, and we understand they’re working on that, but this was a regulation that was passed before ‘Don’t Ask, Don’t Tell’ even came into existence,” Block said. “The administration can get rid of it anytime it wants without needing congressional approval to do so.”
State Department
Rubio mum on Hungary’s Pride ban
Lawmakers on April 30 urged secretary of state to condemn anti-LGBTQ bill, constitutional amendment

More than 20 members of Congress have urged Secretary of State Marco Rubio to publicly condemn a Hungarian law that bans Pride events.
California Congressman Mark Takano, a Democrat who co-chairs the Congressional Equality Caucus, and U.S. Rep. Bill Keating (D-Mass.), who is the ranking member on the House Foreign Affairs Committee’s Europe Subcommittee, spearheaded the letter that lawmakers sent to Rubio on April 30.
Hungarian lawmakers in March passed a bill that bans Pride events and allow authorities to use facial recognition technology to identify those who participate in them. MPs last month amended the Hungarian constitution to ban public LGBTQ events.
“As a NATO ally which hosts U.S. service members, we expect the Hungarian government to abide by certain values which underpin the historic U.S.-Hungary bilateral relationship,” reads the letter. “Unfortunately, this new legislation and constitutional amendment disproportionately and arbitrarily target sexual and gender minorities.”
Prime Minister Viktor Orbán’s government over the last decade has moved to curtail LGBTQ and intersex rights in Hungary.
A law that bans legal recognition of transgender and intersex people took effect in 2020. Hungarian MPs that year also effectively banned same-sex couples from adopting children and defined marriage in the constitution as between a man and a woman.
An anti-LGBTQ propaganda law took effect in 2021. The European Commission sued Hungary, which is a member of the European Union, over it.
MPs in 2023 approved the “snitch on your gay neighbor” bill that would have allowed Hungarians to anonymously report same-sex couples who are raising children. The Budapest Metropolitan Government Office in 2023 fined Lira Konyv, the country’s second-largest bookstore chain, 12 million forints ($33,733.67), for selling copies of British author Alice Oseman’s “Heartstopper.”
Former U.S. Ambassador to Hungary David Pressman, who is gay, participated in the Budapest Pride march in 2024 and 2023. Pressman was also a vocal critic of Hungary’s anti-LGBTQ crackdown.
“Along with years of democratic backsliding in Hungary, it flies in the face of those values and the passage of this legislation deserves quick and decisive criticism and action in response by the Department of State,” reads the letter, referring to the Pride ban and constitutional amendment against public LGBTQ events. “Therefore, we strongly urge you to publicly condemn this legislation and constitutional change which targets the LGBTQ community and undermines the rights of Hungarians to freedom of expression and peaceful assembly.”
U.S. Reps. Pramila Jayapal (D-Wash.), Sarah McBride (D-Del.), Jim Costa (D-Calif.), James McGovern (D-Mass.), Gerry Connolly (D-Va.), Summer Lee (D-Pa.), Joaquin Castro (D-Texas), Julie Johnson (D-Texas), Ami Bera (D-Calif.), Mark Pocan (D-Wis.), Lloyd Doggett (D-Texas), Becca Balint (D-Vt.), Gabe Amo (D-R.I.), Ted Lieu (D-Calif.), Robert Garcia (D-Calif.), Dina Titus (D-Nev.), Raja Krishnamoorthi (D-Ill.), Jan Schakowsky (D-Ill.) and Mike Quigley (D-Ill.) and Del. Eleanor Holmes Norton (D-D.C.) signed the letter alongside Takano and Keating.
A State Department spokesperson on Wednesday declined to comment.
Federal Government
HRC memo details threats to LGBTQ community in Trump budget
‘It’s a direct attack on LGBTQ+ lives’

A memo issued Monday by the Human Rights Campaign details threats to LGBTQ people from the “skinny” budget proposal issued by President Donald Trump on May 2.
HRC estimates the total cost of “funding cuts, program eliminations, and policy changes” impacting the community will exceed approximately $2.6 billion.
Matthew Rose, the organization’s senior public policy advocate, said in a statement that “This budget is more than cuts on a page—it’s a direct attack on LGBTQ+ lives.”
“Trump is taking away life-saving healthcare, support for LGBTQ-owned businesses, protections against hate crimes, and even housing help for people living with HIV,” he said. “Stripping away more than $2 billion in support sends one clear message: we don’t matter. But we’ve fought back before, and we’ll do it again—we’re not going anywhere.”
Proposed rollbacks or changes at the U.S. Department of Health and Human Services will target the Ryan White HIV/AIDS Program, other programs related to STI prevention, viral hepatitis, and HIV, initiatives housed under the Substance Abuse and Mental Health Services Administration, and research by the National Institutes of Health and Agency for Healthcare Research and Quality.
Other agencies whose work on behalf of LGBTQ populations would be jeopardized or eliminated under Trump’s budget include the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, the U.S. Small Business Administration, and the U.S. Department of Education.
U.S. Supreme Court
Supreme Court allows Trump admin to enforce trans military ban
Litigation challenging the policy continues in the 9th Circuit

The U.S. Supreme Court on Tuesday allowed the Trump-Vance administration to enforce a ban on transgender personnel serving in the U.S. Armed Forces pending the outcome of litigation challenging the policy.
The brief order staying a March 27 preliminary injunction issued by the U.S. District Court for the Western District of Washington notes the dissents from liberal Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
On the first day of his second term, President Donald Trump issued an executive order requiring Secretary of Defense Pete Hegseth to effectuate a ban against transgender individuals, going further than efforts under his first administration — which did not target those currently serving.
The DoD’s Feb. 26 ban argued that “the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.”
The case challenging the Pentagon’s policy is currently on appeal before the U.S. Court of Appeals for the Ninth Circuit. The lead plaintiff is U.S. Navy Commander Emily Shilling, who is joined in the litigation by other current transgender members of the armed forces, one transgender person who would like to join, and a nonprofit whose members either are transgender troops or would like to be.
Lambda Legal and the Human Rights Campaign Foundation, both representing the plaintiffs, issued a statement Tuesday in response to the Supreme Court’s decision:
“Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense.
“By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.
“Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”
U.S. Solicitor General D. John Sauer noted that courts must show “substantial deference” to DoD decision making on military issues.
“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender servicemembers who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”
“The Court has upended the lives of thousands of servicemembers without even the decency of explaining why,” said NCLR Legal Director Shannon Minter. “As a result of this decision, reached without benefit of full briefing or argument, brave troops who have dedicated their lives to the service of our country will be targeted and forced into harsh administrative separation process usually reserved for misconduct. They have proven themselves time and time again and met the same standards as every other soldier, deploying in critical positions around the globe. This is a deeply sad day for our country.”
Levi and Minter are the lead attorneys in the first two transgender military ban cases to be heard in federal court, Talbott v. Trump and Ireland v. Hegseth.
U.S. Rep. Mark Takano (D-Calif.) issued a statement on behalf of the Congressional Equality Caucus, where he serves as chair.
“By lifting the lower court’s preliminary injunction and allowing Trump to enforce his trans troop ban as litigation continues, the Supreme Court is causing real harm to brave Americans who simply want to serve their nation in uniform.
“The difference between Donald Trump, a draft dodger, and the countless brave Americans serving their country who just happen to be trans couldn’t be starker. Let me be clear: Trump’s ban isn’t going to make our country safer—it will needlessly create gaps in critical chains of military command and actively undermine our national security.
“The Supreme Court was absolutely wrong to allow this ban to take effect. I hope that lower courts move swiftly so this ban can ultimately be struck down.”
SPARTA Pride also issued a statement:
“The Roberts Court’s decision staying the preliminary injunction will allow the Trump purge of transgender service members from the military to proceed.
“Transgender Americans have served openly, honorably, and effectively in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.
“Every court up to now has found that this order is unconstitutional. Nevertheless, the Roberts Court – without hearing any evidence or argument – decided to allow it to go forward. So while the case continues to be argued, thousands of trans troops will be purged from the Armed Forces.
“They will lose their jobs. They will lose their commands, their promotions, their training, pay and benefits, and time. Their units will lose key players; the mission will be disrupted. This is the very definition of irreparable harm.”
Imara Jones, CEO of TransLash Media, issued the following statement:
“The Supreme Court’s decision to uphold Trump’s ban on transgender soldiers in the military, even as the judicial process works its way through the overall question of service, signals that open discrimination against trans people is fair game across American society.
“It will allow the Trump Administration to further advance its larger goal of pushing trans people from mainstream society by discharging transgender military members who are currently serving their country, even at a time when the military has struggled recently to meet its recruiting goals.
“But even more than this, all of my reporting tells me that this is a further slide down the mountain towards authoritarianism. The hard truth is that governments with authoritarian ambitions have to separate citizens between who is worthy of protection and who’s not. Trans people are clearly in the later category. And this separation justifies the authoritarian quest for more and more power. This appears to be what we are witnessing here and targeting trans people in the military is just a means to an end.”
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