Posts Tagged ‘ Richard Collins ’

National Class Action Pursues Separation Pay for Discharged Gays

November 30th, 2010. By BrendaC

LawyersandSettlements.com has a new column that looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we talk with Attorney Joshua Block of the ACLU…

Attorney Joshua Block: “…even if you believe that DADT was necessary…it doesn’t provide a reason to cut someone’s separation pay in half.”

It’s like pouring salt on the wound, say critics of the government policy of cutting separation pay in half for men and women discharged from the US military under the controversial ‘Don’t Ask, Don’t Tell’ (DADT) rule.

The American Civil Liberties Union (ACLU) has just filed a national class action claiming the practice violates the rights of the former service members under the equal protection and right to substantive due process components of the Fifth Amendment.

“A little over a year ago, a former member of the US Air Force, who had been honorably discharged under DADT, came to us and said his separation pay had been cut in half and wanted to know if we could help,” says ACLU attorney Joshua Block.

Since the administration is on record opposing discrimination against gays in the military, Block and the ACLU thought this would be easy to reconcile, but after a year of letters and telephone calls, nothing has changed for former US Air Force Staff-Sergeant, Richard Collins. 

“We finally sent a demand letter saying we hope you fix this policy, but if you don’t, we have no choice but to bring this litigation,” says Block.

During his nine-year career, according to the documents filed by the ACLU, Collins had been an exemplary member of the armed forces. He was awarded a good conduct medal, served in Kosovo and was promoted quickly through the ranks.

Collins was honorably discharged in 2006 after two civilians who worked at his base reported seeing him kissing a boyfriend in a car stopped at red light. Collins was off duty, dressed in civilian clothes and more than 10 miles from his base in Arizona.

And Collins is not alone in being short-changed on separation pay. The amount of money owed to military personnel kicked out for being homosexual is “not insignificant,” says Block. “And the policy is offensive.” 

“It is rubbing salt in the wound,” says Block. “These people are kicked out of the military through no fault of their own and then on top of that their separation pay is cut in half.”

The argument against gays in the military has historically been that it affects troop morale says Block. “So even if you believe that DADT was necessary for unit cohesion, it doesn’t provide a reason to cut someone’s separation pay in half,” he adds. 

The class covers anyone who was honorably discharged over the last six years—with at least six years of service, and had their pay cut in half. 

Although how many ex-military personnel might qualify as members of the class is unknown, it’s estimated there may be as many as 500 potential class members.

The suit asks that former service members be paid the money owed to them with interest, both pre- and post-judgment, and that the attorney fees also be paid. 

The claims court cannot provide injunctive relief to plaintiffs says Block. “That’s beyond the scope of claims court; however, hopefully a judgment in our favor would stop the practice once and for all.” 

Joshua Block is a staff attorney with the American Civil Liberties Union in New York City working on the ACLU Lesbian, Gay, Bisexual and Transgender and AIDS Project.

Tags: ACLU, Don't ask Don't tell, Gays in the Military, Joshua Block, Lawyers, Lawyers Giving Back, Lawyers Sharing the Love, Richard Collins
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