Collins v. United States
Encyclopedia
Collins v. United States is an ongoing class-action lawsuit filed against the United States in the United States Court of Federal Claims
United States Court of Federal Claims
The United States Court of Federal Claims is a United States federal court that hears monetary claims against the U.S. government. The court is established pursuant to Congress's authority under Article One of the United States Constitution...

 by the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...

 and the ACLU of New Mexico on November 10, 2010.

The lead plaintiff in the case, former U.S. Air Force staff-sergeant Richard Collins, was honorably discharged under "Don't ask, don't tell
Don't ask, don't tell
"Don't ask, don't tell" was the official United States policy on homosexuals serving in the military from December 21, 1993 to September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while...

" after nine years of service due to two civilian co-workers finding him kissing his civilian boyfriend. Upon being discharged, however, Collins discovered that his separation pay had been cut in half due to his homosexuality. Collins then went to the ACLU and the Servicemembers Legal Defense Network
Servicemembers Legal Defense Network
The Servicemembers Legal Defense Network is a non-profit legal services, watchdog, and policy organization founded in the United States in 1993. It is dedicated to ending discrimination and harassment of gay and lesbian U.S. military personnel negatively affected by the "Don't ask, don't tell"...

 about the matter, spurring the two organizations to file requests for the revision of the policy to the Department of Defense, which the department refused to accommodate. The suit was filed on November 10 and was opened for participation by all veterans discharged under the policy since November 20, 2004.

On January 29, 2011, while detailing the repeal of DADT as per the legislative repeal of the policy
Don't Ask, Don't Tell Repeal Act of 2010
The Don't Ask, Don't Tell Repeal Act of 2010 is a landmark federal statute that establishes a legal process for ending the Don't ask, don't tell policy , which since 1993 prevented openly gay and lesbian people from serving in the United States Armed Forces.The Act did not immediately repeal the...

, the Department of Defense issued a memo confirming that those discharged under the policy would not be due any compensation, including separation pay. The ACLU responded by expressing disappointment with the department's intransigence on the issues.

Arguments began on September 23, 2011, two days after the end of DADT, with Judge Christine Odell Cook Miller presiding. The defense, led by Justice Department lawyer L. Misha Preheim, argued that the Obama administration prefers that the Secretary of Defense possess sole jurisdiction over backpay for discharged soldiers and that the courts cannot rewrite military regulations.

See also

  • Don't Ask, Don't Tell Repeal Act of 2010
    Don't Ask, Don't Tell Repeal Act of 2010
    The Don't Ask, Don't Tell Repeal Act of 2010 is a landmark federal statute that establishes a legal process for ending the Don't ask, don't tell policy , which since 1993 prevented openly gay and lesbian people from serving in the United States Armed Forces.The Act did not immediately repeal the...

  • Sexual orientation and the United States military
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