President Biden is pardoning LGBTQ+ service members who were convicted of a felony under military law because of their sexual orientation, he is expected to announce Wednesday. The Biden administration estimates the move will affect “thousands” of service members convicted during the six decades that military law formally prohibited consensual homosexual conduct, senior administration officials told reporters on a call Tuesday.
“Today, I am righting a historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” the president said in a statement. “Our nation's service members are on the front lines of freedom and risk their lives to defend our country. Despite their courage and great sacrifice, thousands of LGBTQI+ service members were forced to leave the “military because of their sexual orientation or gender identity. Some of these patriotic Americans were court-martialed and have borne the brunt of this great injustice for decades.”
Beginning in 1951, Section 125 of the Uniform Code of Military Justice explicitly criminalized consensual “sodomy,” until Congress and President Barack Obama decriminalized same-sex relationships through the Defense Authorization Act National for fiscal year 2014. But the effects of these convictions have lingered. those veterans, leaving behind criminal records and the stain of a dishonorable discharge, as CBS News recently reported.
The military code is separate from, but related to, the infamous “Don't ask, don't tell” policy. adopted during the Clinton years and repealed during the Obama years. This policy prohibited openly gay and lesbian Americans from serving in the military.
The announcement does not automatically change the records of these veterans; they will still have to apply and complete a process, senior administration officials said. Eligible service members and veterans must apply for a certificate of pardon, which they can use to change their discharge status. This change of status will unlock veterans' benefits that many of them have been denied. Officials are not sure how long the process could take or whether those who qualify will be eligible for back pay.
It's unclear why the president is only now pardoning LGBTQ+ service members, having had the opportunity to do so for nearly three and a half years. Senior administration officials struggled to respond to this discrepancy.
“The president is committed to righting historic wrongs when he has the opportunity to do so,” a senior administration official told reporters.
The president's pardon comes on one of the last days of Pride Month.
“We have a sacred obligation to all of our service members, including our brave LGBTQ+ service members: to properly prepare and equip them when they are in danger and to care for them and their families when they return to home,” the president said. he said in his statement. “Today we are making progress on that quest.”
LGBTQ service members and their families have had to fight for their discharge benefits. A federal judge in San Francisco last week refused to dismiss a lawsuit that claimed 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 service for their sexual orientation.
