President Biden is announcing that he will pardon LGBTQ+ service members who were convicted of a crime under military law based on their sexual orientation. The move is expected to affect “thousands” of service members who were convicted over the six decades that consensual homosexual conduct was formally banned. The announcement comes as a way to right an historic wrong, as these service members were forced out of the military because of their sexual orientation or gender identity, and some were subject to court-martial. The criminalization of consensual “sodomy” was in place until Congress and President Barack Obama decriminalized same-sex relationships in 2014. This announcement is separate from the “Don’t Ask, Don’t Tell” policy that was adopted during the Clinton years.
While the pardon announcement is a positive step forward, it does not automatically change the records of these veterans. Eligible service members and veterans will have to apply for a certificate of pardon, which they can then use to get their discharge status changed. This change in status will allow them to unlock veterans benefits that they have been previously denied. It is unclear how long the application process will take, and whether those who qualify will be eligible for back pay. The decision to pardon LGBTQ+ service members now, after almost three and a half years in office, raises questions as to why this action wasn’t taken earlier. Senior administration officials have struggled to provide a satisfactory response to this discrepancy.
The president’s decision to pardon LGBTQ+ service members comes on one of the final days of Pride Month, and he emphasizes the country’s sacred obligation to properly prepare and care for all service members, including LGBTQ+ individuals. LGBTQ service members and their families have had to fight for benefits from their discharges, as seen in a recent lawsuit in San Francisco. A federal judge refused to dismiss a lawsuit claiming that the military violated the constitutional rights of tens of thousands of LGBTQ veterans by failing to grant them honorable discharges when they were barred from serving due to their sexual orientation. This highlights the ongoing challenges that LGBTQ+ service members have faced in obtaining recognition and support for their service.
The announcement by President Biden is seen as a positive step towards rectifying the injustices that LGBTQ+ service members have faced in the military. By pardoning those who were convicted based on their sexual orientation, the president is acknowledging and correcting a historic wrong. This move also aligns with the administration’s commitment to supporting and caring for all service members, regardless of their sexual orientation or gender identity. It is a step towards ensuring that LGBTQ+ individuals who serve in the military are treated fairly and are able to access the benefits they deserve. This decision is particularly significant as it comes during Pride Month, a time to celebrate and recognize the LGBTQ+ community and their contributions.
The impact of the pardon is expected to be significant, with thousands of service members potentially affected by the change in policy. The move to allow these service members to apply for a certificate of pardon and change their discharge status will potentially allow them to access benefits that were previously unavailable to them. While there may be challenges in the application process and questions about back pay, the overall impact of the pardon is seen as a positive development. This decision by the president reflects a commitment to correcting past injustices and ensuring that LGBTQ+ service members receive the recognition and support they deserve for their service to the country.
