President Joe Biden recently announced the pardon of potentially thousands of former U.S. service members who were convicted of violating a now-repealed military ban on consensual gay sex. This action is seen as a move to right a historic wrong and allow these individuals to regain lost benefits. The pardon covers service members who were convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy. Those affected will be able to apply for proof of their erased conviction, petition for upgrades to their discharges, and seek to recover lost pay and benefits. Biden stated that this action is aimed at fulfilling the sacred obligation to all service members, including LGBTQI+ individuals.
The president’s decision to issue these pardons comes during Pride Month and just before a high-profile fundraiser with LGBTQ donors in New York. Biden is seeking support from the Democratic-leaning community ahead of the upcoming presidential election. Organizations such as Modern Military, which represents LGBTQ+ service members and their families, have praised the pardon as a historic step towards justice and equality. They have called on the military to promptly approve the pardons for these individuals who faced discrimination and unjust convictions under policies like “Don’t Ask, Don’t Tell.”
Senate Majority Leader Chuck Schumer commended the pardons, stating that they are a step towards greater equality and correct a historic wrong for LGBTQ+ Americans who bravely served in the armed forces. Administration officials did not provide a reason for the timing of the pardons. This marks the third categorical pardon by Biden, following earlier actions pardoning individuals federally convicted of possessing marijuana. It is estimated that several thousand service members will be covered by this pardon, the majority of whom were convicted before the repeal of the “Don’t Ask, Don’t Tell” policy in 2011.
It is important to note that the pardon does not cover service members convicted of nonconsensual acts or those convicted under other articles of the military justice code. These individuals would need to request clemency through the standard Department of Justice pardon process. In a previous order, Biden directed the Department of Veterans Affairs to provide benefits to service members who were other than honorably discharged due to their sexual orientation, gender identity, or HIV status. First Lady Jill Biden addressed a Pride Month celebration at the White House, highlighting the importance of honoring these veterans and their families who have sacrificed for their country.
Overall, Biden’s pardon of former service members convicted under the repealed military ban on consensual gay sex is seen as a significant step towards justice and equality for LGBTQ+ individuals who served in the military. The move has garnered praise from LGBTQ advocacy organizations and political leaders who view it as a necessary correction of past injustices. By using his clemency powers to address this issue, Biden is actively working to support and protect the rights of all service members, including those in the LGBTQ+ community.
