President Joe Biden has announced a pardon for military veterans convicted under a now-revoked law that banned homosexuality in the United States armed forces. This act of clemency, declared on Wednesday, aims to “right an historic wrong,” as Biden stated. The pardon stands to benefit thousands of former military personnel who were court-martialled under laws that criminalized gay sex between consenting adults.
Biden emphasized that these LGBTQI+ service members were forced out of the military despite their courage and sacrifice. “Some of these patriotic Americans were subject to court-martial and have carried the burden of this great injustice for decades,” he said. This proclamation specifically addresses convictions under Article 125 of the Code of Military Justice, a law that came into force in 1951 and was revised in 2013 to prohibit only forcible acts.
Most of the affected individuals were convicted before the implementation of the “Don’t Ask, Don’t Tell” policy in 1993, which allowed LGBTQ troops to serve if they did not disclose their sexual orientation. In 2011, Congress furthered this progress by permitting openly LGBTQ individuals to serve in the military.
The Biden administration is currently exploring methods to contact those who might be eligible for clemency. Those covered by this pardon can apply for proof that their conviction has been erased and have their military discharges upgraded, potentially recovering lost pay and benefits.
This announcement comes during Pride Month, and just days before Biden is set to host a high-profile fundraiser with LGBTQ donors. “We have a sacred obligation to all of our service members – including our brave LGBTQI+ service members – to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home,” Biden asserted.
Service members convicted under other articles of the military justice code, which may have been used to unjustly punish or force out LGBTQ troops, will need to request clemency through the Department of Justice pardon process. This marks the third categorical pardon by Biden, who previously extended clemency to individuals convicted of marijuana possession in 2022 and 2023.
A senior US official noted that thousands could be eligible for these pardons. Beyond the symbolic significance, those granted clemency will be able to amend their military documents, potentially regaining benefits they had been denied. This move not only seeks to rectify past injustices but also to ensure that the values of the Armed Forces reflect those of the nation.
The United States barred homosexual personnel from serving in the military until 1994, when “Don’t Ask, Don’t Tell” allowed service members to serve without disclosing their sexual orientation. This policy remained until its repeal in 2011, paving the way for open service by LGBTQ individuals. In September 2023, the Defense Department announced a review to identify veterans with other than honorable discharges due to their sexual orientation, aiming to correct their records where warranted.
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