Levin, Pappas, Jacobs Reintroduce Legislation to Address Harmful Impact of “Don’t Ask, Don’t Tell”, Guarantee VA Benefits for LGBTQ+ Veterans
Today marks the 13th anniversary of the full repeal of “Don’t Ask, Don’t Tell”. It’s estimated thousands of veterans were discharged from the Armed Forces solely due to their sexual orientation or gender identity during this policy. Levin's SERVE Act would guarantee and protect VA benefits for LGBTQ+ veterans discharged from the Armed Forces due to their sexual orientation or gender identity.
On the 13th anniversary of the full repeal of "Don't Ask, Don't Tell" (DADT), Congressman Mike Levin (CA-49), member of the House Veterans’ Affairs Committee and the Equality Caucus, Congressman Chris Pappas (NH-01), and Congresswoman Sara Jacobs (CA-51) reintroduced the Securing the Rights our Veterans Earned (SERVE) Act to guarantee and protect VA benefits for LGBTQ+ veterans discharged from the Armed Forces due to their sexual orientation or gender identity.
During DADT, many LGBTQ+ veterans who were discharged because of their sexual orientation or gender identity received Other Than Honorable (OTH) or Entry-Level Separation (ELS) discharges, preventing access to VA health care and benefits such as education, burial and memorial services, and home loans. Since its repeal in 2011, impacted veterans appealing for VA benefits have reported a prolonged and burdensome process, often requiring the use of a lawyer, to seek the respect and benefits they earned. Additionally, far too many veterans discharged under DADT are still unaware they can seek an upgrade or where to start the process.
The SERVE Act would take critical steps to address this problem by:
- Extending VA benefits eligibility to veterans who received an “Other Than Honorable” discharge or entry-level separation solely due to their sexual orientation or gender identity, including medical and disability benefits, pensions, veteran center readjustment counseling and mental health services, burial benefits, educational benefits, and housing loans.
- Requiring VA to conduct outreach to veterans who may be eligible for VA benefits under the legislation and to conduct outreach to Veterans Service Organizations (VSOs) and military service organizations about the new eligibility criteria.
- Requiring VA to report to Congress on the benefits provided under the legislation during the first year of enactment, including the number and demographic information of individuals who received such benefits.
“The discriminatory Don’t Ask, Don’t Tell policy wrongfully ended the military careers of thousands of service members and, although it is no longer in place, its consequences are still felt today. Veterans discharged under Don’t Ask Don’t Tell are being denied the benefits they rightfully earned, and we must correct this wrong. I’m proud to co-lead this important legislation that will unlock VA benefits for veterans who were wrongfully discharged under Don’t Ask, Don’t Tell. Those who serve our country deserve the upmost respect and gratitude, regardless of their sexual orientation. We must grant them the benefits they deserve. I thank Rep. Pappas for his leadership and look forward to moving this bill through the legislative process,” said Congressman Levin.
“Veterans and their families deserve our thanks and gratitude for their service and sacrifice. It’s deplorable that LGBTQ+ service members and veterans ever suffered from the discriminatory policies of ‘Don’t Ask, Don’t Tell’, and that thirteen years since its repeal, countless veterans continue to be impacted by this injustice, affecting the benefits and care many rightfully deserve for serving our country,” said Congressman Pappas. “Today I’m re-introducing the SERVE Act which would take important steps to ensure LGBTQ+ service members who were unjustly discharged receive the benefits they earned.”
“Anyone who has served and sacrificed so much for our country should have full access to their VA benefits,” said Congresswoman Sara Jacobs, Vice Chair of the Congressional Equality Caucus. “But even 13 years since the repeal of the discriminatory ‘Don’t Ask, Don’t Tell’ policy, many LGBTQ+ veterans are still denied their VA health care and benefits because of who they are and who they love. We owe our veterans so much more than this. I’m proud to co-lead the SERVE Act to right this wrong and provide the care and benefits our LGBTQ+ veterans have rightfully earned.”
The legislation has been endorsed by Equality California, Human Rights Campaign, Minority Veterans of America (MVA), Modern Military Association of America (MMAA), and Silver State Equality.
"For decades, the selfless service of our nation’s LGBTQ+ veterans has been diminished by unequal treatment, rooted in discriminatory regulations. Many LGBTQ-identifying veterans left service involuntarily, and often without the ability to access benefits and services that were largely available to cisgender and heterosexual veterans. Now that discriminatory policies are relics of the past, we must do the work necessary to ensure that our community receives those benefits and services. We applaud Congressman Pappas and the sponsors of this Bill for their dedication to righting historic wrongs and advocating for our most marginalized and underserved populations," said Peter Perkowski, Legal & Policy Director, Minority Veterans of America.
"We owe all of our veterans a debt of gratitude for their service in protecting our country, and that includes LGBTQ+ veterans. Unfortunately, too many LGBTQ+ veterans don’t have full access to VA benefits due to outdated and discriminatory rules and laws that were in place at the time they served. The passage of the SERVE Act will help to right some of these wrongs, and we thank Rep. Chris Pappas and the bill’s cosponsors for reintroducing this important legislation," said Jennifer Pike Bailey, Human Rights Campaign Director of Government Affairs.
“Modern Military Association of America applauds Representative Pappas for his enduring commitment to LGBTQ+ veterans and ensuring they are afforded the benefits they rightfully earned after serving their country. The reintroduced SERVE Act is a significant step toward restoring benefits to the more than 114,000 service members discharged under discriminatory service bans and policies. The SERVE Act provides an opportunity for the Department of Veterans Affairs to rebuild trust with LGBTQ+ veterans by ensuring effective implementation and accountability,” said Rachel Branaman, Executive Director, Modern Military Association of America.
"For too long, LGBTQ+ servicemembers faced the ugly reality of discrimination — many were not only discharged because of their sexual orientation or gender identity but denied access to benefits and health care from the VA," said Equality California Executive Director Tony Hoang. "Anyone who signs up to defend our nation deserves to be treated with dignity and respect, which is why we are grateful to Congressman Pappas for his reintroduction of the SERVE Act. This important legislation will ensure that those LGBTQ+ veterans discharged because of who they are or who they love will now be able to access the benefits they are entitled to. It is incumbent upon us to keep our promise to look after all our military veterans, including those who are LGBTQ+."