President Biden Grants Historic Pardons to LGBTQ+ Veterans
In a landmark decision, President Joe Biden has announced a sweeping pardon for thousands of LGBTQ+ military personnel who were convicted under the now-obsolete Article 125 of the Uniform Code of Military Justice (UCMJ). The law, which criminalized sodomy between consenting adults, led to the court-martial and expulsion of many service members from 1951 until its reform in 2013. Biden's decision aims to correct what he calls a 'historic wrong.'
“Our nation's military are on the front lines of freedom and risk their lives to defend our country. Despite their bravery and great sacrifice, thousands of LGBT service members were forced to leave the Army because of their sexual orientation or gender identity,” Biden said in a statement released by the White House. “This is about dignity, decency, and ensuring that the culture of our Armed Forces reflects the values that make us an exceptional nation.”
Impact and Implementation of the Pardons
The pardon will allow affected veterans to apply for a certificate of pardon, which can help them receive the benefits and recognition they were previously denied. The process can be initiated online, and the certificates will annul their records related to the convictions under Article 125. However, acts without consent, such as rape, will not be pardoned.
The decision comes amid broader efforts to address injustices faced by LGBTQ+ service members. The Department of Defense has also been reviewing the military records of veterans discharged due to their sexual orientation to facilitate access to benefits. Secretary of Defense Lloyd Austin announced an initiative to correct the records of those who suffered discrimination, stating, “For decades, our LGBTQ+ members were forced into hiding or prevented from serving. Still, they selflessly put themselves in harm's way for the good of our country and the American people.”
Historically, the U.S. military had barred homosexual personnel from serving. The 'Don't Ask, Don't Tell' (DADT) policy, implemented in 1994, allowed them to serve only if they did not disclose their sexual orientation. This policy was repealed in 2011, ending the legal discrimination against LGBTQ+ service members.
Biden's announcement coincides with Pride Month and comes just days before a high-level fundraising event with LGBT donors in New York. “As commander in chief, I am committed to maintaining the best fighting force in the world. That means ensuring that all members of our armed forces are safe and respected, so they can focus on their mission,” Biden said. “We have a sacred obligation to all of our service members, including our brave LGBT service members: to properly prepare and equip them when they are sent into danger, and to care for them and their families when they return home. Today we are moving in that direction.”
- The pardon is expected to impact approximately 2,000 veterans, allowing them to amend their military records and regain access to benefits they were previously denied. The White House has not responded to requests for additional comments.
- The Pentagon's ongoing review of military records aims to identify and correct the records of veterans who were discharged under discriminatory policies. The outreach campaign launched last September encourages veterans to request corrections if they believe they have suffered wrong or injustice.
- The 'Don't Ask, Don't Tell' policy, which was in effect from 1994 to 2011, allowed LGBTQ+ individuals to serve in the military as long as they did not disclose their sexual orientation. The policy was a compromise that still led to the discharge of thousands of service members. Its repeal marked a significant step toward equality in the U.S. military.
- President Biden's pardon and the Department of Defense's initiatives represent ongoing efforts to rectify past injustices and ensure that all service members are treated with dignity and respect, regardless of their sexual orientation or gender identity.
