President Joe Biden will pardon around 2,000 U.S. military veterans who were convicted under a now-revoked law that criminalized consensual same-sex sexual acts.
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This historic move is aimed at correcting injustices faced by LGBTQ+ service members between 1951 and 2013 when the law was repealed by Congress.
In his statement, Biden said he was "righting a historic wrong," acknowledging that "thousands of LGBTQI+ service members were forced out of the military because of their sexual orientation or gender identity." These individuals were subjected to court-martial and have carried this burden for decades.
The law in question is Article 125 of the Uniform Code of Military Justice, which banned sodomy and was enacted in 1951. It was modified in 2013 to only prohibit forcible acts.
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"Don't Ask, Don't Tell"
Many of the affected veterans were convicted before the "Don't Ask, Don't Tell" policy was implemented. This policy allowed LGBTQ+ troops to serve as long as they did not disclose their sexual orientation. In 2011, Congress allowed open service for LGBTQ+ individuals in the military.
In 1994, the U.S. implemented the “Don’t Ask, Don’t Tell” (DADT) policy, which regulated military service by lesbian, gay, and bisexual individuals. This policy was discriminatory at its core, as it prohibited service members from being openly queer, with the risk of being discharged if they disclosed their sexual orientation.
DADT was founded on the baseless belief that the presence of LGBTQ+ individuals in the military would interfere with the performance of their duties. Throughout the policy's existence, thousands of courageous service members were expelled solely because of their sexual orientation and whom they loved.
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| Image by The New York Times |
The pardon will enable veterans to apply for benefits that were previously denied due to their convictions. They can request proof that their convictions have been erased and have their discharges upgraded. This could help them recover lost pay and benefits.
President Biden's act of pardon comes during Pride Month and just days before a 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," he stated.
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| President Biden's act of pardon comes during Pride Month |
This pardon specifically applies to veterans convicted under Article 125 of the military justice code, which banned sodomy. For service members convicted under other articles that might have been used unfairly against LGBTQ+ troops, they will need to seek clemency through the Department of Justice's standard pardon process.
This is the third broad pardon issued by Biden, who previously extended his clemency powers to people convicted of marijuana possession in 2022 and 2023.
Biden's initiative highlights his administration’s commitment to addressing past wrongs and ensuring equality for LGBTQ+ individuals. This pardon is a significant step towards acknowledging and rectifying the discrimination faced by LGBTQ+ service members, allowing them to reclaim their honor and benefits rightfully.
This act of pardon not only seeks to right historical injustices but also serves as a powerful message of inclusivity and respect for all service members, regardless of their sexual orientation or gender identity.