U.S. President Joe Biden (DoD Photo: Lisa Ferdinando)
President Joe Biden issued a pardon on Wednesday, clearing the convictions of thousands of U.S. Veterans who were penalized under a military law prohibiting same-sex intercourse, as reported by The Associated Press.
This action, addressing historic injustices, allows affected Veterans to upgrade their discharges and reclaim lost pay and benefits. Biden stated that this step was a move to correct a long-standing wrong against Service Members punished for their identity.
The prohibition, rooted in Article 125 of the Uniform Code of Military Justice established in 1951, criminalized consensual sodomy for over six decades. This changed in 2013 when the article was amended following the repeal of “Don’t Ask, Don’t Tell.” Despite the service and sacrifices of LGBTQ+ personnel, many were expelled from the military and court-martialed due to their sexual orientation or gender identity, enduring the stigma and repercussions for years.
Biden’s pardon was executed through a “presidential pardon by proclamation,” granting clemency to a specified group. The pardon applies from the proclamation date and includes those convicted under the now-repealed Article 125 for consensual conduct with individuals aged 18 or older. The DOD specified that the pardon excludes individuals whose actions fall within certain exceptions outlined in the proclamation.
Those impacted by these convictions will receive an automatic pardon. However, Veterans must present proof to qualify for healthcare and other previously denied benefits. The process for obtaining a certificate of pardon will be detailed on the Department of Defense’s website and communicated by the Department of Justice. This certificate is essential for Veterans to initiate the upgrade of their discharge status and reclaim lost benefits.
This presidential pardon aligns with Biden’s ongoing commitment to support the LGBTQ+ community, coinciding with Pride Month and preceding a major fundraiser with LGBTQ+ donors. Biden noted the nation’s obligation to prepare and care for all Service Members, including LGBTQ+ individuals, acknowledging the progress made through this initiative.
Organizations like Modern Military, representing LGBTQ+ Service Members and their families, hailed the decision as a historic stride towards justice and equality. The group urged swift approval of the pardons, recognizing the enduring injustices faced by LGBTQ+ military personnel. Senate Majority Leader Chuck Schumer stated these actions are a part of a broader push for greater equality and rectification of past wrongs against LGBTQ+ Americans in the Armed Forces.
Biden’s administration refrained from commenting on the timing of the pardon, which marks his third categorical use of clemency. Previously, Biden pardoned individuals convicted of federal marijuana possession in 2022 and 2023. This latest pardon is expected to impact several thousand Service Members, predominantly those convicted before the “Don’t Ask, Don’t Tell” policy was implemented in 1993. This policy, which allowed LGBTQ+ troops to serve without disclosing their sexual orientation, was repealed in 2011, allowing open service.
Service Members convicted of nonconsensual acts are not included in this pardon. Additionally, those punished under other military justice articles that may have been used to target LGBTQ+ troops must seek clemency through the standard Department of Justice process. Biden has also instructed the Department of Veterans Affairs to extend benefits to those discharged dishonorably due to their gender identity, sexual orientation, or HIV status.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted connection to the military, a spouse who is a Navy veteran, a father who served in the Air Force for 25 years, and a grandfather who proudly served, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.