Updates definition of veteran to include discharged LGBTQ veteran; requires DMVA develop review process for such veterans.
By incorporating this new definition within various existing laws, S931 seeks to amend the statutory framework surrounding veteran benefits, thereby allowing previously underserved discharged LGBTQ veterans to receive benefits they were denied, which were tied to their discharge conditions. The implications of this bill could restore state benefits to an estimated 100,000 LGBTQ veterans who were discharged under unfavorable circumstances from the start of World War II until the repeal of the 'Don't Ask, Don't Tell' policy in 2011. This represents a significant shift towards inclusivity in the recognition and treatment of all servicemen and women within state law.
Senate Bill S931, introduced in the New Jersey Legislature, aims to update the definition of veteran to include those discharged from service under less than honorable conditions specifically due to their sexual orientation or gender identity, including LGBTQ veterans. This legislative initiative is particularly significant as it establishes a new legal category termed 'discharged LGBTQ veteran' and ensures that these individuals have a fair review process for regaining access to benefits lost due to their discharge status. Notably, it requires the Department of Military and Veterans' Affairs (DMVA) to develop a consistent process for assessing eligibility as defined in the bill.
While supporters argue that S931 is a necessary step towards rectifying historical injustices faced by LGBTQ veterans, there may be contention surrounding its implementation, especially concerning how the DMVA will validate claims of discharged LGBTQ veterans and the associated bureaucratic processes. Critics might also voice concerns over the potential for the bill to complicate existing veteran service frameworks or lead to challenges in accurately documenting and verifying service histories, particularly given past military policies regarding sexual orientation and gender identity.