Oregon LGBT Vets Set to Gain First-of-its-Kind Advocate in VA Office
Tuesday, July 07, 2015
By signing SB 946 into law, Governor Kate Brown will create the position of LGBT Coordinator for the Department of Veterans Affairs, the first position of its kind in the nation.
Historically, LGBT vets have faced barriers when trying to access vet benefits. For example, during Don’t Ask Don’t Tell, many vets were less-than-honorably discharged when their sexual orientation was discovered. Those vets without honorable discharges and their families can have their veterans benefits refused.
State Senator Sara Gelser, author of SB 946, says that discriminatory policies have targeted LGBT members of the armed services even before Don't Ask Don't Tell, even as early as World War II. Now, many aging veterans and their families are in need of benefits they have never before received.
"LGBT vets have served in every conflict in the 20th and 21st centuries... These are people who have served our country honorably and I think it's important that Oregon does what it can to make sure they get the benefits they deserve," said Gelser.
The LGBT Coordinator will help educate veterans on their options for changing the “character and narrative” of their discharge. Veterans will also be aided in applying for benefits and appealing rejected benefits. The Senate alloted nearly $200,000 to be renewed biennially for the position which must be created by 2018.
LGBT Vets Still Face Challenges to Receiving Benefits
While this new position will help LGBT vets navigate the current framework for vet benefits, it won’t necessarily change the framework itself. This means for many LGBT vets, the fight for equality will continue.
Gelser attempted to pass legislation that would change the current framework for changing the way veterans appeal their discharge status earlier in this Senate session. Gelser authored Senate Bill 691, which would have exempted veterans who were less-than-honorably discharged due to their sexual orientation. However, after talking to the Oregon Department of Veterans Affairs, Gelser realized that the most troubling policies existed on a federal level.
"It's very complicated to determine why a person was given a particular discharge status, and to really change that would require contacting the disciplinary boards of the armed services. There is currently a very complicated process for overturning a person's discharge status, but it's the only way for a person to change their discharge status. We found that the most efficient way to deal with the problem is to have someone available to help guide veterans through that process," said Gelser.
Gelser says one piece of federal legislation called the "Restore Honor to Service Members Act" attempted to address some of these federal barriers to equality for LGBT veterans. However, the bill died in Congress in 2013.
The good news for LGBT vets is the position of LGBT coordinator will also be responsible for reporting to the legislature on the state of the estimated 15,000 LGBT vets in Oregon. This could provide a voice of advocacy guiding future alterations to the framework surrounding LGBT vet equality.
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