President Joe Biden has granted pardons to former U.S. service members who were convicted under the now-repealed military ban on consensual gay sex.
The pardon clears the way for these veterans to regain lost benefits and have their convictions erased.
The big picture: The pardons apply to service members who were convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy. The law was rewritten in 2013 to prohibit only forcible acts.
- Veterans covered by the pardon can now apply for proof of their erased convictions, petition for their military discharges to be upgraded, and seek to recover lost pay and benefits.
Driving the news: The pardon comes during Pride Month and ahead of a high-profile fundraiser with LGBTQ donors, signaling an effort to rally support within the Democratic-leaning community.
- The White House estimates that several thousand service members will be covered by the pardon, with the majority convicted before the “Don’t Ask, Don’t Tell” policy was repealed in 2011.
- Service members convicted of nonconsensual acts or under other articles of the military justice code would need to request clemency through the normal Department of Justice pardon process.
- President Biden had previously ordered the Department of Veterans Affairs to provide benefits to service members discharged due to their sexual orientation, gender identity, or HIV status.
What they’re saying: “Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement. “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. Today we are making progress in that pursuit.”
