President Biden is set to pardon approximately 2,000 veterans convicted of engaging in gay sex under a military code that was in effect from 1951 to 2013.
President Joe Biden is expected to announce a clemency proclamation on Wednesday, granting pardons to around 2,000 former service members who were convicted of engaging in consensual gay sex under an old military law. This move seeks to address what Biden described as a “historic wrong.”
In a statement released by the White House prior to the announcement, President Biden stated, “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. Despite their courage and great sacrifice, thousands of L.G.B.T.Q.I.+ service members were forced out of the military because of their sexual orientation or gender identity. Some of these patriotic Americans were subject to court-martial, and have carried the burden of this great injustice for decades.”
The proclamation will address convictions under Article 125 of the Uniform Code of Military Justice (UCMJ), which made it illegal to engage in “unnatural carnal copulation with another person of the same or opposite sex,” even if consensual. This section of the UCMJ was repealed by Congress in 2013.
Biden administration officials, who spoke on the condition of anonymity to preview the proclamation, explained that veterans who wish to have their convictions overturned can now apply online for a certificate of clemency. This certificate could assist them in regaining benefits that may have been denied due to their convictions. Before the repeal of Article 125, convictions often resulted in dishonorable discharges and loss of pay and allowances under military law.
With a certificate of clemency, veterans can begin the process of having their discharge statuses upgraded. However, officials did not provide a timeline for how long this process might take or confirm whether additional resources would be allocated to inform eligible veterans.
President Biden has used his clemency powers throughout his tenure mainly to pardon nonviolent drug offenders, including issuing pardons for marijuana use and possession on federal lands as part of his administration’s broader initiative to tackle racial disparities in drug sentencing.
In his statement, Biden emphasized that the pardons are “about dignity, decency and ensuring the culture of our armed forces reflect the values that make us an exceptional nation.”
Biden administration officials downplayed any political motivations behind the timing of this announcement, stating that the clemency action aligns with the president’s long-standing commitment to justice and equality.
