President Joe Biden has announced a significant executive action to grant clemency to former military personnel convicted of crimes due to their sexual orientation or gender identities. This move aims to pardon veterans who were convicted under Article 125 of the Uniform Code of Military Justice, which criminalized same-sex sexual relations between 1951 and 2013.
The proclamation will allow eligible veterans to obtain pardon certificates and request modifications to their discharge descriptions within their military branches. Biden emphasized that this action seeks to 'right a historic wrong' for many LGBTQI+ service members who were court-martialed simply for being themselves.
Administration officials estimate that thousands of former military personnel could benefit from this pardon, including deceased individuals who meet the criteria. This action is part of Biden's broader efforts to support the LGBTQ community, particularly during Pride Month.
Both Biden and former President Donald Trump have had contrasting approaches to LGBTQ rights. While Biden reversed a Trump-era ban on transgender people serving in the Armed Forces, Trump had previously rolled back health protections for transgender individuals and opposed the Equality Act.
The pardon does not automatically change the records of convicted veterans but allows them to apply for a certificate of pardon, which can help them receive suspended benefits. This initiative is separate from the Pentagon's ongoing review of military records of those discharged due to their sexual orientation.
- The pardon proclamation covers approximately 2,000 people convicted under Article 125 of the former Uniform Code of Military Justice. It also applies to those convicted of attempting to violate the article.
- The law known as 'Don't ask, don't tell' was repealed in 2011, but not before thousands of soldiers were discharged from the army. A service member's discharge status can significantly impact their eligibility for Veterans Affairs benefits.
- Defense Secretary Lloyd Austin has acknowledged the hardships faced by LGBTQ+ service members, noting their selfless service despite being forced into hiding or prevented from serving openly.
- To change their records under the pardon, individuals need to complete an online application, which will be reviewed by their military service department and then sent to the attorney general. The pardon certificate does not automatically change a person's discharge status, and further petitioning is required for record correction.
