Collins v. United States

Collins v. United States is an ongoing class-action lawsuit filed against the United States in the United States Court of Federal Claims by the American Civil Liberties Union 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" 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 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^[1].

On January 29, 2011, while detailing the repeal of DADT as per the legislative repeal of the policy, 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^[2].

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^[3].

See also

• Don't Ask, Don't Tell Repeal Act of 2010
• Sexual orientation and the United States military

References

1. ^ "Collins v. United States - Class Action for Military Separation Pay". American Civil Liberties Union. November 10, 2010. http://www.aclu.org/lgbt-rights/collins-v-united-states-class-action-military-separation-pay. 
2. ^ "Defense Department Says It Will Deny Full Separation Pay For Gay And Lesbian Service Members Honorably Discharged Under “Don’t Ask, Don’t Tell”". American Civil Liberties Union. January 29, 2011. http://www.aclu.org/lgbt-rights/defense-department-says-it-will-deny-full-separation-pay-gay-and-lesbian-service-members. 
3. ^ "Gov't opposes full severance pay for military gays". Associated Press via CBS News. September 22, 2011 5:42 PM. http://www.cbsnews.com/stories/2011/09/22/ap/government/main20110380.shtml.