Today I’m re-introducing the SERVE Act to ensure LGBTQ+ service members who were unjustly discharged receive the benefits and care they deserve.
Ensure LGBTQ+ service members and veterans who were unjustly discharged receive the VA benefits and care they deserve.
Occurrences
Evidence
Action: Mr. Pappas (for himself, Mr. Levin, Ms. Jacobs, and Ms. Dexter) introduced the following bill; which was referred to the Committee on Veterans' Affairs. Full title: To amend title 38, United States Code, to extend to former members of the Armed Forces, discharged on the basis of sexual orientation or gender identity, certain benefits furnished by the Secretary of Veterans Affairs, and for other purposes.
We issued a final rule amending our regulations regarding character of discharge determinations, expanding access to VA care and benefits for some former service members discharged under other than honorable conditions or by special court-martial. The final rule is effective as of June 25, 2024.
Assessments
Pappas has materially pursued the promised outcome by introducing and reintroducing the SERVE Act, including H.R. 8421 in the 119th Congress, to extend VA benefits to former service members discharged based on sexual orientation or gender identity. That bill remains only introduced and referred to committee, so the specific legislative guarantee has not been enacted. Separately, VA's June 25, 2024 character-of-discharge final rule eliminated a regulatory bar tied to homosexual acts and opened eligibility/reapplication pathways for some affected former service members, partially advancing access to VA care and benefits during Pappas's current federal service. Because the administrative change does not fully cover the promised class or appear primarily attributable to Pappas, this is partial rather than delivered, with effort credit for his serious legislative attempt.