Service members who were convicted under the Uniform Code of Military Justice’s previous Article 125, which prohibited sodomy and had been in place since 1951, have been granted a pardon by Biden’s recent action. In 2013, the law was revised to only criminalize forcible acts.
Individuals who are included in the pardon will have the opportunity to request proof that their conviction has been expunged, upgrade their discharge from the military and recover any lost pay and benefits.
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In a statement, Biden acknowledged the past injustice faced by many former service members who were convicted solely for their sexual orientation. He emphasized that it is the responsibility of the government to prepare and support all its service members, including those who identify as LGBTQI+. Biden used his clemency authority to pardon these individuals and expressed his commitment to ensuring that all service members are properly equipped and cared for both during and after their deployment. As he put it, “Today we are making progress in that pursuit,” and this is a step towards correcting a historic wrong.
As Pride Month is underway, President Biden has utilized his pardon powers to grant clemency to several individuals. This move comes just in time for his upcoming fundraiser with LGBTQ donors, which is scheduled for Friday in New York. Biden is keen on garnering support from the Democratic-leaning community as he gears up for the presidential election.
According to Modern Military, which is the largest organization of LGBTQ+ service members and their families in the nation, this recent decision is a significant and historic milestone towards justice and equality. They are urging the military to promptly approve the pardons and take action.
In the wake of Biden’s pardon announcement, the organization released a statement hailing it as a crucial step in acknowledging and rectifying the injustices faced by LGBTQ+ service members who were discriminated against and unfairly convicted under policies like “Don’t Ask, Don’t Tell.” The statement went on to honor the bravery of these individuals who risked their lives to defend their country, only to be met with injustice upon their return home.
In a statement, Chuck Schumer, the Senate Majority Leader from New York, expressed that the recent actions taken are a significant advancement towards achieving greater equality. He further stated that these steps correct a long-standing injustice faced by LGBTQ+ Americans who have served in the military with bravery and dedication to keep our nation secure.
The reason behind why Biden did not act on the pardons sooner was not disclosed by administration officials.
Biden has granted his third categorical pardon, which involves utilizing his clemency abilities to offer reprieve to a large group of individuals convicted of specific offenses. This comes after his previous actions in 2022 and 2023, where he pardoned individuals who were federally convicted for possessing marijuana.
According to the White House, the coverage will extend to several thousand service members, most of whom were convicted prior to the implementation of the “Don’t Ask, Don’t Tell” policy in 1993. This policy allowed LGBTQ troops to serve as long as they kept their sexual orientation hidden. However, this policy was eventually repealed in 2011, allowing for open service by LGBTQ individuals in the military.
Biden’s pardon action does not extend to service members who have been convicted of nonconsensual acts. If a member has been convicted under a different article of the military justice code that was used to target or discriminate against LGBTQ troops, they would need to follow the standard Department of Justice pardon process to seek clemency.
In a significant move, President Biden has directed the Department of Veterans Affairs to ensure that service members who were discharged due to their sexual orientation, gender identity or HIV status but not honorably can receive benefits. This is a welcome step towards justice and equality for those who have served our country and faced discrimination because of who they are. Biden’s order acknowledges the harm caused by discriminatory policies and takes a step towards repairing the damage done.
While President Biden was busy preparing for his upcoming presidential debate with Republican frontrunner Donald Trump, First Lady Jill Biden took to the South Lawn of the White House to address a crowd of people who had gathered to celebrate Pride Month. The attendees were adorned in rainbow colors, and the atmosphere was filled with excitement and joy.
Amidst the loud cheers from the crowd, she declared that Joe had taken another significant step towards correcting decades of injustice. He had granted a pardon to several courageous service members who were court-martialed for merely being their authentic selves. She went on to express gratitude towards the veterans, their families, and the heroes who had sacrificed so much for their country, acknowledging that many of them were present in the audience.
