TRENTON, N.J. – A New Jersey Assembly committee has approved legislation that would expand the state’s definition of “veteran” to include LGBTQ service members who were discharged under discriminatory military policies, paving the way for them to regain access to benefits previously denied.
Assembly Bill 4428, advanced by the Assembly Military and Veterans’ Affairs Committee on June 16, directs the Department of Military and Veterans’ Affairs (DMVA) to create a formal review process to evaluate cases of LGBTQ veterans who lost eligibility for benefits after being discharged under less than honorable conditions.
The measure seeks to address the impact of decades of military policies that punished service members for their sexual orientation or gender identity — from World War II through the “Don’t Ask, Don’t Tell” era, which was repealed in 2011.
Transgender service members remained subject to discharge until 2016, when restrictions were briefly lifted before being reinstated in 2019.
Under the bill, a “discharged LGBTQ veteran” is defined as a veteran who received a less-than-honorable discharge due to sexual orientation, gender identity or expression, related statements or acts, or the disclosure of such conduct, which was prohibited by the U.S. Armed Forces at the time.
By formally recognizing these veterans in state law, New Jersey would restore access to state-level veterans’ benefits — including housing aid, tuition assistance, and burial honors — for those who were unjustly removed from service. The DMVA would be responsible for verifying eligible cases and ensuring benefits are reinstated.
Lawmakers said the bill is an important step toward correcting historic injustices that affected an estimated 100,000 LGBTQ service members nationwide.
