ACLU Seeks Justice For Honorably Discharged Service Members In Ongoing Class Action Lawsuit
FOR IMMEDIATE RELEASE
May 10, 2011
CONTACT:
Robyn Shepherd, ACLU national, (212) 519-7829 or 549-2666; [email protected]
Micah McCoy, ACLU of New Mexico, (505) 266-5915 ext. 1003; [email protected]
WASHINGTON – The Department of Justice (DOJ) today filed a motion to dismiss a class action lawsuit filed by the American Civil Liberties Union and the ACLU of New Mexico, which seeks full separation pay for service members who were honorably discharged but had their separation pay cut in half because of “homosexuality.” In the past six years, 142 honorably discharged veterans had their separation pay cut in half because of the discriminatory policy. The total amount of separation pay withheld from those veterans is approximately $2.1 million.
The lawsuit was filed in November 2010, before Congress repealed the “Don’t Ask, Don’t Tell” policy that barred gay or lesbian service members from the military. The lead plaintiff in the case is Richard Collins, a former staff sergeant in the Air Force who served for nine years until he was discharged under "Don't Ask, Don't Tell." Collins was stationed at Cannon Air Force Base in New Mexico. In its response, the DOJ states that the half-separation pay policy applies not only to those who engage in “Homosexual Conduct,” but also those discharged from the military for drug and alcohol abuse or being deemed a national security risk.
The following can be attributed to Joshua Block, staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project:
“The government’s decision to contest these claims is baffling. These honorably discharged veterans were forced out of the military under the unconstitutional and discriminatory ‘Don’t Ask, Don’t Tell’ policy, which is in the process of being repealed. All that these veterans are asking for is to receive the same separation pay that any other honorably discharged veteran would have received. It is outrageous to equate these service members with those who were discharged for threats to national security and drug abuse. The government’s treatment of these veterans is shameful and adds insult to injury.”
The following can be attributed to Laura Ives, staff attorney with the ACLU of New Mexico:
“The Department of Justice’s action today is profoundly disappointing. The government must treat our veterans with the fairness and dignity they deserve, especially if those veterans were discharged from the armed forces under a policy that is in the process of being dismantled for being unconstitutional.”
For more information on the ACLU’s case, please visit: www.aclu.org/lgbt-rights/collins-v-united-states-class-action-military-separation-pay
To read the Department of Justice's motion to dismiss: Collins Motion to Dismiss

LAS CRUCES, NM – While the ACLU of New Mexico Regional Center for Border Rights is encouraged by President Obama’s remarks Tuesday putting immigration reform back on the table, concerns remain with the administration’s continued emphasis on a costly, enforcement-only model.
Since 2003, border communities have witnessed a massive increase in federal law enforcement resources along the U.S.-Mexico border. There are now almost 10 border patrol agents per mile; thousands of other federal agents and members of the National Guard; 700 miles of fencing; and at least six drones patrolling our skies, costing taxpayers billions of dollars.
This rapid over-intensification of federal law enforcement resources has come with little accountability and oversight and has resulted in negative consequences for people who live along the border. The ACLU-NM Regional Center for Border Rights has received increasing reports of racial profiling and harassment, particularly of Hispanic community members—many of whom are U.S. citizens and have lived in the border region for generations.
In addition, the Center has received several reports of undocumented individuals who did not receive needed medical attention or adequate food or water while in the custody of immigration officials. Since May 2010, there have been at least seven migrants who have been seriously injured or died as the result of being shot, tasered or beaten by Border Patrol agents.
“Our national security, while critical, should never come at the expense of civil and human rights,” said Vicki Gaubeca, director of the ACLU-NM Regional Center for Border Rights. “At the very least, we need more transparency, accountability and oversight to prevent the border region from becoming a Constitution-free zone.”
In addition, President Obama needs to better account for the record-level deportations that have occurred during his term. In 2010, the United States deported nearly 400,000 people at a cost of $1.5 billion. According to the Department of Homeland Security statistics, almost 60 percent of the individuals who were deported committed were not criminals or committed minor offenses—which completely contradicts the administration’s emphasis on deporting “criminal aliens.”
“Initiatives like the so-called ‘Secure Communities’ program need to be suspended and assessed for their true effects,” adds Gaubeca. “Instead of going after serious criminals who may be a real threat to our communities, study after study confirms that these enforcement programs primarily target hard-working, honest individuals and tear families apart. We could save money and protect working families by finding a way for these individuals to become U.S. citizens, learn our language and pay taxes. Moving away from enforcement only models would even provide a much-need boost for our economy.”
“As a country, we need a serious reality check regarding our border enforcement policies and owe it to ourselves to find sensible solutions. Spending billions of dollars on a law-enforcement only model is wasteful and does nothing to fix the problem,” adds Gaubeca. “We need to step back and begin to truly address the larger issue of how we fix our country’s broken immigration system.”
CONTACT: Micah McCoy (505) 266-5915 Ext. 1003 or [email protected]

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CLOVIS, NM – Yesterday, in response to a legal demand letter sent by the American Civil Liberties Union (ACLU) of New Mexico, Clovis Municipal Schools (CMS) announced that it approved students’ application for a gay-straight alliance (GSA). High school senior Steven De Los Santos first applied for permission to form the club in late February. However, the application’s approval, which is usually a routine process, was subject to delay, uncertainty and an unexpected change of school clubs policy by the school board.
The law firm representing the school district, Cuddy & McCarthy, LLP, sent a letter dated May 4^th stating:
“Please consider this letter as the “approval” you requested and permission for G/SA to immediately begin holding meetings after school at Clovis High School…Supt. Myers has directed the principal of Clovis High School to immediately contact the G/SA “applicants” and make arrangements for the G/SA to begin holding its meetings at the time and place requested in the application.”
“We are very pleased that the CMS superintendent has clearly and unequivocally stated that a gay-straight alliance is welcome at Clovis High School,” said ACLU of New Mexico Executive Director Peter Simonson. “The ACLU will continue to keep a close eye on this situation to ensure that the newly-approved GSA is afforded the same treatment and access that any other non-curricular club enjoys.”
Currently, there are scores of GSA clubs in high schools throughout New Mexico and more than 3,000 such clubs in schools nationwide. GSA clubs help to provide a safe, supportive environment for Lesbian, Gay, Bisexual and Transgender (LGBT) students and their straight allies to be themselves and educate the school community about homophobia, gender identity and sexual orientation issues. Scientific studies show that students—both gay and straight—in schools with GSA clubs are less likely to suffer from discrimination, harassment and violence.
“This is definitely a good day for us,” said De Los Santos. “When I first started this club, I had little hope of it getting approved because of the difficulty students have had forming a GSA in the past. Today, I heard those words, ‘It’s approved.’ It’s phenomenal, so unreal, to think that something like this would happen in Clovis. From here things for LGBT students at school can only get better.”
CONTACT: Micah McCoy, (505) 266-5915 Ext. 1003, [email protected]

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