How the gay ban affected serving members of the Armed Forces and where we are now
When Carl Austin-Behan joined the Royal Air Force on 2 April 1991, LGBT personnel were banned from serving. Despite thinking he was gay, Carl didn’t want his sexuality to define him. He didn’t believe that it should hold him back.
From the start, Carl had a brilliant career. During his posting at RAF Chivenor in North Devon, he was one of the first firefighters on the scene when a Hawk aircraft crashed onto the runway. He helped knock down the flame mass, climbed onto the fuselage and pulled the pilot out. Carl recalls receiving a large crack to his helmet as debris ricocheted off the aircraft. Sadly, the pilot died 11 days later, but Carl’s handling of the situation, including the way he’d straddled the live ejection seat to free the pilot, risking it firing at any point, earned him the Royal Humane Society Bronze Award for bravery. He was also recognised with the RAF Good Show award.
Carl then completed a six-month tour in Belize, following which he was posted to Henlow in Bedfordshire. There he was involved in a variety of organisations within the Air Force as well as charity work. After a nine-month posting to Ascension Island, Carl received a Commander in Chief’s commendation as part of the Queen’s Birthday Honours, recognising all the extra work he’d done. His service record was exemplary.
In March 1997, Carl learned he’d been put forward for promotion to Corporal. He recalls, it was, “Brilliant, because it was unheard of to get a promotion in such a short amount of time.”
Living a double life
But throughout his service, Carl had been living a double life, keeping his personal life hidden from his colleagues. On 15 April 1997, everything changed. Carl was ordered to visit OC Personal Services flight for a meeting with Personal Services, the padre (military chaplain) and the RAF police. He says, “They just sat me down and asked, ‘SEC Austin, do you have homosexual tendencies?’”
He says, “I burst into tears because I think it was that moment when I realised that I had to be true to myself. I admitted that yes, I was a homosexual, even though it’s a word I hate to use. From that minute on, my life changed.”
Carl was told that he was, “Incompatible to service life.” And his services were no longer required.
“The fact that I’d achieved everything I’d done in the past was now pointless. I was told that I wasn’t allowed to wear my award. I wasn’t allowed to attend the garden party in the name of SSAFA (the Armed Forces charity) that I’d been doing a lot of work for. I wasn’t allowed to say goodbye to anybody. I literally went back to my room and within ten minutes I was escorted off the camp.”
Carl had no idea what he was supposed to do. He’d lost the security that 6 ½ years in the forces had given him. He didn’t have a home to go to and ended up moving in with someone who abused him and assaulted him. His parents didn’t really understand what had happened and he felt he couldn’t speak to his friends, many of whom didn’t know that he was gay. He couldn’t find the words to tell them he’d been kicked out of the Air Force.
In May 1997, Carl attended a final interview where it was confirmed that his services were no longer required. He spent the next six months writing letters to MPs and the Prime Minister, reiterating that his sexuality was not related to the job he was doing. In response he was simply told that nothing was going to change. He received his final discharge papers on 2 November 1997.
The ‘gay ban’ remained in force until 12 January 2000.
Fighting with Pride
In 2020, Carl attended an event at the Houses of Parliament to mark the 20th anniversary of the lifting of the gay ban. Johnny Mercer MP issued an apology to those in attendance.
Carl recalls that the serving members talked about how amazing the Forces were but, “None of them knew what we’d gone through. None of them knew that people had their lives ripped apart. The fact that people were made homeless, that people had taken their own lives because of the fact of being gay and the way they’ve been treated. People were raped; people were beaten up. People were treated so badly, they lost their pensions, lost everything because of their sexuality. And 20 years on, none of them knew the history.”
A chance meeting with Caroline Page and Craig Jones at the event led to the creation of Fighting With Pride. The charity supports LGBT+ Veterans, serving personnel and their families, particularly those affected by the ‘gay ban’. It aims to, “Restore the military covenant and bring this community back into the military family.” It works hard to connect LGBT+ Veterans to organisations that can help them and stand with those in need.
After many years of campaigning from Fighting With Pride and following Lord Etherton’s independent review into the service and experience of LGBT veterans who served in the armed forces between 1967 and 2000, the Government announced the Financial Recognition Scheme (FRS) on 12 December 2024.
Listen now: Does the LGBT Financial Recognition Scheme go far enough?
Carl shared his lived experience in a recent edition of the Irwin Mitchell podcast. Our host, Lewis Quarmby, was also joined by Peter Gibson, Chief Executive of Fighting With Pride and Sarah Jones from our employee network IM Equal.
During the podcast our guests discussed:
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The impact of the LGBT ban and the support that’s available to those who were affected by it.
- Whether the Financial Recognition Scheme goes far enough,
- The potential pitfalls of making an application under the scheme and the importance of seeking legal advice.
- Where to get support to make an application, including support for elderly claimants and those who lack capacity.
Carl, Peter and Sarah shared their invaluable experience and insight during a hugely fascinating conversation. Listen now.
Your questions answered
What is the LGBT Financial Recognition Scheme?
Those affected by the ban against LGBT service personnel, who served in the armed forces between 27 July 1967 and 11 January 2000, may be entitled to a recognition payment. The Government has set aside up to £75 million for payments under the scheme.
How can I apply?
Applications to the FRS can be made using:
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The LGBT Financial Recognition Scheme App
- An official LGBT Financial Recognition Scheme hard copy application form.
It’s important that the forms are completed with as much detail as possible and supported by documents or evidence for the type of payment you apply for. If you want to rely on the fact that you have a medical condition, you’ll also need to provide evidence from an appropriately qualified medical expert. We can support you to gather all the documents and evidence you need to submit with your application to give you the best chance of making a successful claim.
Support is also available from our experienced Court of Protection solicitors if your loved one no longer has the mental capacity to complete the application form themselves. Our dedicated Wills team can help you protect the interests of your Estate and/or beneficiaries in respect of any recognition payment made and with any wider questions you may have in relation to Wills and estate planning.
How much could I claim through the LGBT Financial Recognition Scheme?
You may be entitled to an Impact Payment of up to £20,000, depending on your circumstances. The level of payment will depend on what happened during your service, and not after your service ended.
In addition, if you were formally dismissed or discharged because of your actual or perceived sexual orientation or gender identity, then you may be entitled to a payment of £50,000.
Is there a deadline for applications?
The deadline for applications is 12 December 2026. If you don’t apply in time, you’ll lose your right to payment under the scheme.
How can your military solicitors help me, or a loved one make a claim?
If you, or a loved one, was affected by the ban, we’re here to help. Our caring and professional experts will:
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Offer a free first consultation to find out whether you can make a claim
- Offer expert advice from start to finish of your claim
- Support you with completing the forms to make your application to the FRS
- Support you through the appeals process if your application for a recognition payment has been rejected.
Find out more about how we can support you to make your application.
“Whilst the LGBT Financial Recognition Scheme can’t put right the impact the ban had on those affected, it’s an important step in recognising the hurt many suffered as a result" - Laura Cornes (Associate Solicitor – Military claims)
Edition 5 - Summer 2025
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