President Joe Biden has announced pardons for LGBTQ+ veterans discharged for violating the now obsolete military ban on same-sex relationships. The pardon, which will impact thousands of veterans, intends to mend “historical injustice.” Announced in a proclamation issued June 26, the pardons apply directly to those convicted under Article 125 of the Uniform Code of Military Justice (UCMJ).
“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,” said Biden. “Our nation’s service members stand on the frontlines of freedom, and risk their lives in order to defend our country. Despite their courage and great sacrifice, thousands of LGBTQI+ 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.”
Article 125 was repealed in 2013 by Congress and former President Barack Obama as part of a military appropriations bill. Article 125 had previously banned “unnatural carnal copulation” between servicemen of the same sex. Biden’s pardon plan applies only to those whose charges were for “consensual, private conduct between individuals 18 and older that do not involve any aggravating factor.” Thus, sexual assault, charges between an officer and an enlisted soldier, or relations between two soldiers in the same chain of command, would not be eligible. Under the UCMJ, these acts are considered “inappropriate fraternization.”
Veterans seeking coverage must apply for a certificate of pardon from their military department. The Attorney General’s office will issue certificates after approval by veterans’ specific departments of service. In addition, those whose certificates are approved can apply for their “dishonorable” discharge to be officially upgraded. Biden strongly encourages these veterans to change their status in order to receive veterans’ benefits that had previously been denied.
As the LGBTQ+ community and its advocates hold their breaths in the wake of increasing anti-LGBTQ+ legislative pressure, Biden’s recent proclamation offers them a whiff of fresh air. The Modern Military Association of America, a nonprofit helping LGBTQ+ military members commented on Biden’s proclamation, noting how it was a “significant move in recognizing and righting the wrongs inflicted upon LGBTQ+ service members.”
Brian K. Bond, CEO of PFLAG National, recognized this as a moment in which “dignity and respect” finally won over discrimination. “This welcomed day is long overdue for thousands of LGBTQ+ veterans and their families,” he said. Although this is a significant moment to recognize the injustices that these veterans have endured, there is much work to be done.
