Biden pardons ex-service members convicted under old gay sex ban
- Biden's pardon applies to those convicted under 1951 law criminalizing sodomy
- Those covered by pardon can petition to upgrade discharge, recover lost pay
- 'Today, I am righting an historic wrong,' Biden said
President Joe Biden pardoned LGBTQ+ ex-service members convicted under a now-repealed ban on gay sex.
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(NewsNation) — President Joe Biden on Wednesday granted pardons to thousands of former U.S. service members convicted of violating a now-repealed military ban on consensual gay sex.
He said he is “righting a historic wrong” and helping the affected service members regain lost benefits.
Biden’s pardon applies to those convicted under the Uniform Code of Military Justice’s former Article 125, which criminalized sodomy. The law, in place since 1951, was revised in 2013 only to prohibit forcible acts.
Those covered by the pardon will be able to apply to receive proof that their conviction has been erased, petition to have their discharges from the military upgraded and move to recover lost pay and benefits.
“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,” Biden said in a statement.
The president will use his pardon powers during Pride Month to rally support within the Democratic-leaning LGBTQ community before the presidential election.
The White House estimates the majority were convicted before the military instituted the “Don’t Ask, Don’t Tell” policy in 1993 that eased the way for LGBTQ troops to serve if they didn’t disclose their sexual orientation. That policy was repealed in 2011, when Congress allowed for their open service in the military.
Service members convicted of nonconsensual acts are not covered by Biden’s pardon action. Those convicted under other articles of the military justice code, which may have been used as pretext to punish or force-out LGBTQ troops, would need to request clemency through the normal Department of Justice pardon process.
Biden had previously ordered the Department of Veterans Affairs to move to provide benefits to service members who were other than honorably discharged because of their sexual orientation, gender identity or HIV status.
The Associated Press contributed to this story.