Biden's Historic Pardon for LGBT+ Veterans
President Joe Biden has announced a significant move to address a long-standing injustice by opening the possibility of a pardon for former soldiers convicted under Article 125 of the Uniform Code of Military Justice (UCMJ), which criminalized sodomy between consenting adults. This article, which was rendered obsolete by Congress in 2013, has been a source of heavy injustice for LGBT+ service members for decades.
Thousands of LGBT+ service members were excluded from the military due to their sexual orientation or gender identity, facing court-martial and carrying the burden of these convictions for years. Biden's decision aims to ensure that the culture of the U.S. armed forces reflects the values that make the nation exceptional. The former military personnel affected by this decision will need to request a presidential pardon, which will allow them to modify their military documents and restore certain benefits they were previously denied.
Impact and Process of the Presidential Pardon
A senior American official estimated that approximately 2,000 people could be eligible for this pardon. The initiative specifically targets those convicted under Article 125 of the UCMJ between 1951 and 2013. The pardon proclamation, which was first reported by CNN, does not automatically change the records of the convicted veterans. However, it will enable them to apply for a certificate of pardon, which can help them regain suspended benefits such as VA home loans, military pensions, and educational benefits.
The pardon excludes anyone convicted of non-consensual acts such as rape. The process for changing records involves completing an online application, which will be reviewed by the respective military service department. If eligible, the determination will be sent to the attorney general. Although the pardon certificate does not automatically change a person's discharge status, it provides a pathway for veterans to petition the correctional board of their military department to have their records corrected.
The Pentagon has also launched an outreach campaign to identify veterans discharged under the 'Don't Ask, Don't Tell' rule, which was repealed in 2011. This initiative aims to review and correct the military records of those who suffered financial or employment obstacles due to their discharge status.
- LGBT+ people were outright excluded from the military in the United States until 1994, when the rule of 'Don't Ask, Don't Tell' was implemented. This rule, which required LGBT+ service members to remain silent about their sexual orientation, was lifted in 2011.
- Defense Secretary Lloyd Austin emphasized the selfless service of LGBTQ+ members who, despite facing discrimination, put themselves in harm's way for the good of the country. The Pentagon's ongoing review of military records is separate from Biden's pardon and aims to address injustices faced by veterans discharged due to their sexual orientation.
- The pardon initiative is a step toward rectifying past wrongs and ensuring that the U.S. military upholds the values of equality and justice. It reflects a broader effort by the Biden administration to support the LGBTQ+ community and acknowledge their contributions and sacrifices.
