Gay Soldiers Demand Missing Pay

The Department of Justice wants a federal court to dismiss a class action lawsuit involving 142 people who were discharged from the military under "don't ask, don't tell" and are now in a lower pay grade because of their discharge status.

The American Civil Liberties Union announced the lawsuit Thursday, looking for a total of $2.1 million. The organization said the policy dictating the service members' separation pay was not part of the "don't ask, don't tell" repeal, so there was no change once the ban on openly gay military personnel was lifted. However, the Department of Defense can change the policy on its own, without congressional approval, according to the ACLU.

Justice Department attorney L. Misha Preheim did not argue the merits of the policy but said the Department of Defense should determine separation pay, as opposed to a court.

"The government is too embarrassed to defend the constitutionality of its policy in open court, so it is inventing new reasons to deny these service members justice," ACLU staff attorney Joshua Block said Thursday. "These veterans served their country honorably and deserve the full recognition and benefits that are afforded to other service members. The sums they seek are small to the military, but make a huge difference when readjusting to civilian life."

Separation pay is given to service members who were involuntarily discharged after at least six years of service, according to CBS News. However certain discharges, like those based on alcohol or drug abuse and previously, "don't ask, don't tell," can cause that pay to be slashed in half.

The case was brought forward by Air Force sergeant Richard Collis, who was honorably discharged in 2006 after coworkers reported that he had been spotted giving a kiss to his partner in a car 10 miles off base. At the time of the kiss, Collins was off duty and was not in uniform.

He told CBS News that he and his partner had always been cautious in public. "That one time I just happened to lean over and kiss him on the cheek," he said. "He said something sweet."